Child Support stopping - Tertiary education support?

[parleycross]

Hello,
Just wondering if anyone can advise me on the following situation.

I am divorced and my children live predominantly with my ex wife.
I pay full child support.
My eldest child has just finished VCE year 12 and is over 18, so child support for him officially stops.
Now he will be hopefully going on to tertiary education next year.

Are there any legal issues around ongoing support for tertiary education.
I plan to help him directly with various expenses such as HECS and maybe give him money directly to help with his expenses.

I suppose I am wondering whether my ex can sue me for ongoing support of him and force me to pay money directly to her for his support.

I am unclear on the law regarding this issue, but obviously I will continue to help support my son but would rather do it directly with him.

Thanks for any advice.

[Nichola B]

I dont know how this works in Australia but in my parents divorce my dad had to pay until I left education. It did not specify up until a certain age or education level compulsary education (16) A levels (18) or uni which meant he had to pay until i left education... which for me meant uni. Where as I know other peoples parents only agreed until 16 or 18 etc. So over in the UK it seems to depend on the divorce agreement I think. Obviously I can only tell you my situation.

[EmWatt]

Hello,
Just wondering if anyone can advise me on the following situation.

I am divorced and my children live predominantly with my ex wife.
I pay full child support.
My eldest child has just finished VCE year 12 and is over 18, so child support for him officially stops.
Now he will be hopefully going on to tertiary education next year.

Are there any legal issues around ongoing support for tertiary education.
I plan to help him directly with various expenses such as HECS and maybe give him money directly to help with his expenses.

I suppose I am wondering whether my ex can sue me for ongoing support of him and force me to pay money directly to her for his support.

I am unclear on the law regarding this issue, but obviously I will continue to help support my son but would rather do it directly with him.

Thanks for any advice.

I could be wrong, so far as I understand child support doesn't necessarily stop when your child is 18yrs.. If he is still living with your ex wife & is in full time study you can still be liable until your son is 24 yrs, that's only if your son & ex want to make a point of it with the CSA...

[parleycross]

Thank you. Looking at the CSA website it says child support stops after age 18 and when the child has finished school.
I think it may be available to go to court to obtain an order for ongoing support of an adult student, but this seems quite a big expensive step.

[ali]

Not sure what the legal aspects are, but why not ring CSA and ask them. I think that's it's great that you're going to contribute directly to your child, especially if Uni is away from home - they'll appreciate the direct help with living expenses etc. I would imagine (you assume there's common sense) that if you're paying your adult child directly (and do keep a record of it as proof), you are continuing to maintain them, and if your ex partner went to court they'd see you are actually still contributing.

Give them a ring - they may be able to make the situation clear very quickly for you.

Good luck to your son for Uni - he's obviously got a supportive dad

[parleycross]

Thanks Ali yes I should do that.

[Cal2]

18 is classed as an adult, so I'm quite sure that no court can order you to pay for any further education after that, most continue until the child finishes school, but legally it cannot be enforced. You don't even have to support your child at university at all, although obviously it's generally expected, but I know a few of my son's mates have no financial support fron either parent (particurlarly due to the economic climate) .............sorry this is in the UK