No, not simply full time 3rd level education. Fulltime education will suffice. Many children don't complete 2nd level until the age of 19 nowadays. Fulltime is the operative term here though.
Thanks GreenQueen, sorry another question, what defines part time and full time education tho? I would have thought a course that finishes at lunchtime each day would be part time? Thanks Mobydick.
It's open to interpretation. For example a student studying an Arts Degree may only have 12 - 20 contact hours a week but would be expected to double or treble that in their study time.
It would depend on the type of course and how much study is expected of the student.
Section 5 of the FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976 as amended provides that a 'dependent child of the family' is inter alia: one in "full-time education or instruction at any university, college, school or other educational establishment and is under the age of twenty-three years'.
Obviously the definitions of instruction and educational establishment is broad enough to encompass virtually any institution and course, including secretarial courses. In fact, I've known of people to argue that apprentices whilst attending FAS comply with this definition notwithstanding that they are also receiving wages whilst on the course and would seem not to be 'dependant children' in any normal sense of that meaning. In reality it is far more likely to turn on whether the course is deemed to be either full or part time, in the latter case there would be no legal duty to pay maintenance, the question whether one considers that they have any moral duties to pay is another matter, it should be stressed however that this duty is in no way related to the type of course e.g. secretarial, etc. just the format i.e. full/part time