[Solved] Supporting child through Uni after Maintenance

Hi there

The rules determining maintenance in Scotland may be different, so I don't feel confident enough to advise you. I did have a look for information and came across this -

".....The obligation to maintain children continues after divorce in Scotland. The CMS has the right to deal with fixing the level of maintenance for children who are either under 16 or under 20 and still in full-time non-advanced education.

Where children are likely to go on to further advanced education or vocational training, it is useful to bear in mind that both parents have financial obligation to young people in full time education or training up to and including the age of 24 – ie until their 25th birthday. Between the age of 16 and 18, financial support for a child can be paid from one parent to the other or directly to the young person. Where the support is for a young person of 18 and over, the support is paid to them direct. The CMS does not have the right to deal with maintenance where the young person is in full-time advanced education (generally university) but the young person could raise an action for aliment from his or her parents.

If you want to know more about child maintenance, go to www.gov.uk/child-maintenance or phone Child Maintenance Options on 0800 988 0988 between 8am and 8pm, Monday to Friday and between 9am and 4pm on Saturdays with any general questions about child maintenance."

I would advise that you get some legal advice, either from a solicitor or perhaps the Citizens Advice Bureau (or the Scottish equivalent)

Here's a link to the Scottish Childrens Legal Centre website, they have a helpline and may be able to advise you further

www.sclc.org.uk

Best of luck

Hello Wrightphilips

Under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid. When a child leaves full-time education in the summer, Child Benefit generally continues until the first week of September.

In regards to the solicitor’s letter that you have received you may wish to seek further legal advice as to where you stand with this.

For more information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at http://www.cmoptions.org.

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.

Regards

William

What is the position in England? Are both parents expected to contribute accoridng to their means?

In England there is no statutory obligation to contribute once a child starts University, unless there is a court order in place. I personally think there's a moral obligation though.

You are liable to pay maintenance until the age of 20 if the child is in non-advanced education. If they are at uni, their finance is based on the resident parent's income. Having said that, if you wanted to contribute anything directly to your child I'm sure that would hugely appreciated as uni is a very difficult time for them financially.....

Hello MrGrumpy

Under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid. When a child leaves full-time education in the summer, Child Benefit generally continues until the first week of September.

For further information on when maintenance ends and what courses are classed as full-time non-advanced education, you may find the following link useful https://www.gov.uk/when-child-maintenance-payments-stop.

For more information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at http://www.cmoptions.org.

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.

Regards

William

I am thoroughly confused. I do not understand the response that there is no statutory requirement unless a court order is in place. Under what statutory process or legislation can a court order be put in place. This is what I am threatened with, and I know it can happen but I simply cant find on what basis it happens or any previous judgements. Some help would be much appreciated.

Sometimes as part of the divorce settlement, the court makes an order for payment of child maintenance and this can include payments extending until the child leaves all education, including at university level.

If you have been paying child maintenance through the CSA and your child has started University, then your payments should have stopped. If this is the case for you I don't think she can take you to court under English legislation.

If you have a private family based arrangement to pay then it is up to you both to negotiate how much is paid and when it should stop.

If you could give a little more information about your situation we may be able to give a more personal response. Alternatively it might be useful for you to get some legal advice, some solicitors offer a free initial consultation. The Citizens Advice Bureau may also be able to help.