[Solved] Consent Order - Full Time Tertiary Education

Hi

Were you legally representative for the order? If so I'd ask them.

Based on the below link it includes University too.

https://www.wiselaw.co.uk/finances-settlements/who-pays-university-fees-after-divorce/

Its a very gray area. However my understanding is that as child maintenance via the CMS does not cover beyond college, the fact that you have that term in your order would lead me to believe that it is there to be intended to cover University costs.

I'm no expert.

Thanks

Hi,

Unfortunately and with hindsight foolishly I chose not to seek advice at the time and self represented.

I certainly would have requested the wording to be made clearer had I understood at the time that this meant continuing with the payments into university but I have always read and understood this to mean on completion of A-levels or equivalent.

I, as most other dads would, will certainly do what I can to support my child through university, but if this is indeed what it means when in theory does it end, could they go onto do a masters then a doctorate for example and I still be expected to keep up payments throughout?

I am going to seek professional advice on this as like you say it is a grey area that seems to have varying views.

Thanks for this link, this is one of the articles I have read previously that actually triggered me looking into this further.

hi,

the general rule is uni is advanced education, so you should not be paying child maintenance when child is heading to uni.

this tertiary education term seems broad and also covers further/degree level education. are you in the UK? i wonder if 1 year can lapse with that order, then you can register with CMS, which in theory don't let maintenance continue at degree level education.

Hi

In relation to uni I believe it would only cover 1 degree and no more.

Potentially as Bill says the CMS element of the consent order is only valid for 12 months after which you can open a case with the CMS and pay what they say but it depends on the type and nature of the order. Plus the CMS may require you to pay more than the order (unless you have already used the CMS calculator?)I've not reached this stage in my situation so I'm unable to advise.

However others on here may be able to advise further if you can provide details on the type of order and how long it has already been in place for etc.

Good luck..

Bill/Daddyup, thanks for your responses.

I am based in the UK, the consent order is from 2013, there is a paragraph just above the statement I put in my op which states that the then CSA can assess my situation and reduce the monthly periodical payment should that be the outcome of the assessment, likewise this could increase although I have used the CMS calculator recently and I am paying slightly more.

I figure the statement in the op still means irrespective of whether CMS have amended the agreed payment amount the periodic payment order remains

clear as mud.

A good friend of mine had a historic court order stating till end of Tertiary Education and continued paying till his daughter was 22(from memory) because the mother kept encouraging her to go back for more qualifications. In the end he stopped paying off his own back and just hoped the mother would not complain, and she didnt!

It was many years ago that the court order was initiated, but he only stopped paying 3 years ago. So perhaps things are different now.

unfortunately I could quite easily see my ex doing exactly the same, which is why I need to get this ratified as to exactly what it means, at present it seems quite open ended.

I am looking into the CMS route mentioned by Bill previously, the Payment amount will not change greatly either way, which is not the issue anyway, but if by going through CMS it then voids the periodical payment element of the order as well then this could be the best option rather than trying to seek a variance.

I have contacted a local family law firm today to see what options they provide in firstly reviewing the existing consent order and then to provide guidance on what options I may have.

Sounds like a plan. Should be no more than 2 hours fees...absolute max...

Finally got round to seeking some advice on this, so this full-time tertiary education does indeed include University. Even if it didn’t mean University, a child can make a section 1 Children’s Act application for provision while at university so if you don’t have to pay one way, you potentially would have to pay the other. 

As mentioned above I am fine supporting my child through Uni, but the wording of my consent order does not specify any timeframe i.e. until completion of 1st degree, so could potentially be never ending. When I asked about this the response received was as follows:

"If your child is likely to become a “professional student” where they go from one degree to another, there is a very good chance that you would get the order amended so that it only applies to the 1st degree." I could look to get this amended now, or wait to see if this becomes reality.

The final aspect for me was that I wanted to ensure maintenance payments once my child reaches 18, go direct to them and not the ex. The response to this was that a court would not normally order the payments to be made to the parent if whilst at university, the payments were being made directly to the child.

Essentially it would be a waste of time for the ex to try and take me to court to insist the maintenance is still paid to her.

Its a while off still before I have to deal with this scenario but I hope this info helps anyone else who is in a similar situation.

Hi @dad80. Did you ever find out if getting a CMS decision overruled the end date of the consent order? Ie, would involving CMS mean you no longer have to pay throughout university?

I would guess (and it's only that) that if CMS did override the order, as they normally do, then at the end of the CMS period, the mother could probably go back to court to get the original order reinstated on the basis that it was the original court's intention.