CSA and Court consent orders

Under the MCA1973 it is usual for payments to be made in favour of the parent for the benefit of the child. This is because it is it considered reasonable to provide a base even if children at university are unlikely to live there full-time.

In certain circumstances children over 18 can make an application for maintenance from separated parents in their own right under schedule 1 Children Act 1989, but not it seems when there was a court order in respect of them immediately before their 16th birthday (don't ask!)

I can't think of any case law relating to extending child maintenance - there isn't that much for over 18s possibly because these cases will be mainly dealt with by the lower courts.

The mother is presumably saying going to university is a change in circumstance and it does appear courts these days will award maintenance for over 18s when a parent can afford to contribute. Your argument is that the ancillary relief proceedings have concluded and you shouldn't face another attack.

PS You wouldn't really want to put your daughter in the position of testifying would you?

Thank you very much for your help Fiona.