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Continuing maintenance to 21-year-old

  • Slioch09
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23 Sep 09 #148896 by Slioch09
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Hello. Really need advice here. Step-daughter aged 21, just finished diploma course in July and maintenance finished at same time. Has told us she can't find a job so intends to go back to college. She has a trust fund that matured on her 21st birthday, and another to mature at 25 or to fund education (although we don't know details). Mother (parent with care) died 2005, since when she has live alone in the flat she inherited. Can her father - my husband - be forced to continue to pay maintenance if she goes back to college? She has been on benefits since she finished college.

  • Shimmer
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23 Sep 09 #148912 by Shimmer
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If she has a trust fund, why does she need to be supported and why is she on benefits? Also, if she is a step, I don't see how your partner has any legal obligation to her? There might be an emotional obligation, but that's a different matter. Are they close and do they have a proper parent-child relationship? If not, I don't see why he would have to be involved. Some of the legal eagles can probably answer this better than I can though.

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23 Sep 09 #148916 by Slioch09
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Hi. Sorry, I probably wasn't clear. She's my step-daughter, his natural daughter. Hope this clarifies.

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23 Sep 09 #148921 by Shimmer
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Oh, sorry! Different kettle of fish then, isn't it? Hope Legal Eagles will answer soon for you. Bump Bump.

Still would wonder if she has a trust fund what the hell she's doing on benefits.

It's certainly difficult to find work these days, and I worry about that with my son because he will graduate this coming year and will be moving back with me until he can get on his feet. I can't see x paying any maintenance towards that 'need' and will do what I need to do to help my son, of course. But if he had a means to support himself I would expect him to pay rent or move into a flat share with mates.

Good luck!!

  • redoctober
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23 Sep 09 #148923 by redoctober
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I am with GTU on this one.

Unless the trust fund generates very little funds, I cannot see a) why the young lady should be supported financially by your husband and b) why she should be entitled to benefits.

[ I know for a fact that most benefit claim forms ask all manners of questions about your finances, but not about a trust fund - it IS rare and unusual }

A lot of children are financially supported during a first degree or the equivalent thereof; however in this case the child wishes to go back to some form of tertiary education. This is not usually covered by any legal arrangement between x spouses.

Unless your husband is bound by an arrangement which specifically covers multiple tertiary education courses, he has no obligation to finance this.

He may of course wish to contribute in some small token way, but it would be his choice.

Red XX

  • janeyg
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23 Sep 09 #148984 by janeyg
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In Scotland "children" still in education can expect to be supported by their parents up to the age of 25. Not sure how this works south of the border though!!

Janey

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