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maintenance

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sogudsam | 19:43 Tue 10th Oct 2006 | Parenting
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my boyfriend still pays maintenance and mortgage to ex wife. this was set up in about 1996 before tthe latest csa laws. he has two children 22 years and 19 years both at university. he tried to stop maintenance as agreed by the court when his eldest and then youngest left sixth form (ie full time education) she went to her solicitor who got an "independant" judges opinion who said FTE is when the youngest leaves university. this cant be right can it? also the house can be sold then. he is not saying he does not want to support them but he would give the money directly to them not the mother. everything i read says fte is after a level age cetainly not university
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Full-time Education is not limited to Primary and Secondary Education only; it also encompasses students in Further and Higher Education i.e. colleges and universities. The phrase does not indicate the age of the student. An 80 year-old can enrol in full-time education.

Generally "full-time" is a measure of the amount of time a course takes up and is commonly defined thus:

Further Education - enrolled on programmes of at least 450 guided learning hours per year, or for at least 150 guided learning hours per tri-annual period or more than 16 guided learning hours per week for shorter courses.

Higher Education - enrolled on programmes of study involving a minimum of 24 weeks per year.

Unfortunately this ambiguous term should never be used to signify when maintenance support will end without reference to a specific maximum age.
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sorry but i don't understand your last paragraph
do you mean he should still be paying, is the age relevant
I am not a legal expert but if both the children are in any kind of education program then your partner is still legally resposible for maintenace if however they are currently unemployed or working he isnt legally responsible for there upkeep. however i would if it were me ..get a solicitor involved to make sure there are no loop holes .
Good Luck
alot of people think that maintenance is payable until their child(ren) finish university The guldelines for the CSA state that miantanance can only be pain if a child in in Full Time Non advanced education which is 12 hours a week or more. The Maintenance will finish the first Monday in September that the child starts university . The CSA states that they are no longer a Qualifying Child for maintenance as there is no child benifit in payment. Go onto the csa website for more info

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