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Maintenance to over18s in education (Scotland)

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Timing
Posted by
New Member

04 Oct 15 #467621 by Timing

Topic started by Timing

Hi,

I have two step-children, one 19, and one 18, whom are both in full time education (University). The eldest has spent a year through a solicitor trying to get legal aid to obtain maintenance from her estranged father.
As usual he fought and stalled and has managed a whole year so far with no contribution. She has had the final legal aid application refused, so is now faced with the last years legal cost.
The 18 year old has just started this term, and is reticent to put herself through the stress of fighting for money from the father without legal aid.
I undersatnd that under the Family Law Act 1985, that he is under obligation to pay until age 25 if the children are in full time education, but how is this enforced if the children do not get any assistance to take it to court to obtain an order?
For the record he earns a six figure salary and was quick enough to reduce the monthly payment for the other children when the time came. Thanks WIKI x

Ebonee67
Elite Member

04 Oct 15 #467629 by Ebonee67

Reply from Ebonee67

I am living in England so not sure if the rules are different but I have an 18 year old daughter who started University on 1st October. I am under the CMS to get maintenance for her and her younger 12 year old sister. I have been advised that my husband no longer has to pay maintenance for the eldest now she is out of Full Time Education. It appears it runs along the same lines as Child Benefit-when that stops, maintenance stops too.

Fiona
Platinum Member

04 Oct 15 #467630 by Fiona

Reply from Fiona

Difficult to say without knowing details. When assessing maintenance or the financial eligibility of children seeking legal aid, the resources of any person who owes an obligation of aliment to that "child" & must be taken into account along with the chances of success in a court action.

"Any person" is defined in s1 Family Law (Scotland) Act 1985 and includes a father or mother to their child & a person to a child who has been accepted by him as a child of his family. It may be your step daughter doesn''t qualify or there is little prospect of success in a court action because of her mother''s & your joint income.

Child Maintenance Options
Moderator

23 Oct 15 #468473 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Timing

The information we hold is that, 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.

With you living in Scotland and have concerns regarding how a child would gain assistance to obtain an order for child maintenance, you would need to seek legal advice. You may find the following link useful when looking for further information regarding your query. The Scottish Government, website: www.scotland.gov.uk

For more information on the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at 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.wikivorce.com/divorce/Sorting-Out-Separation.html

Regards

William

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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