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Legal matters

anyone got a court order?

2 replies

wickedstepmummy · 26/10/2009 13:25

Hi,

I'm looking for some advice, trying to get my ducks in a row.

If a court order says:

  1. "a person will pay school fees and extras"... does that include university fees? And if it does, what 'extras' could be seen as reasonable?


  1. "shall pay periodical payments of £££ per month until they attain the age of 17 or cease full time education whichever is the later or further order".... does that include tertiary education? And if it does, would that be on top of the fees (mentioned in 1)


  1. "shall pay the petitioner £££ per month during joint lives or further order".... Would that stop when the youngest child reached 17? And, if not, how easy would it be for him to get a new court order / variation to stop it?


Will also try and post this in the legal section.

Any advice is welcomed, I need to get m head around this.
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mumofsatan · 26/10/2009 13:47

Hi

  1. The order should usually specifically set out what is to be paid and for how long to avoid questions such as this. Often careful wording is required to include tertiary education or first degree level etc as otherwise there may be nothing to stop the child doing several degrees back to back which was not the original intention. "Extras" should also be carefully defined.


  1. Again, this clause should be carefully defined so that it covers both parties intentions. The way I read it, is that the PP's would be in addition to the school fees as set out in clause 1.


  1. spousal maintenance (as other clauses) should be set out clearly to avoid confusion but from what you've said here it looks like it is for joint lives or until a further application (and then Order) is made by the Court. If it was to end when the youngest child reached 17/18/ceased full time education then surely that would be stated?


Hope this helps
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wickedstepmummy · 26/10/2009 13:53

Thanks.

Currently, school fees and all extras are paid (by this, I mean anything that can be added to the school account / uniforms etc). there is no definition and there is no mntion of tertiary education (but full time education is mentioned, but I believe this is to cover the child(ren) wishing to stay on and complete A levels at the fee paying school. there is actually no mention of university / tertiary education at all.

Currently, the PPs are paid in addition to the school fees. Again, just wondering what happens in the case of tertiary education.

Take your point on point 3. I think that's a moot point now anyway.

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