Maintenance at University

Hi,

I am receiving maintenance for my three children via an agreement not through the CSA, at minimum CSA rates. My son was 18 last week, but is studying A levels then going on to Uni in the Autumn.

My question is three fold...

a) I have read conflicit advice about when my ex can stop paying for his son under CSA guidelines... This September? I read something about when he is 19 which seemed unlikely.

b) can anyone give me any more advice about my son taking legal action against his father for financial support through Uni, (under the childrens act??) Anyone done this? His father stated at court my son wouldn't get "a penny" unless he has a satisfactory relationship with "his new family" ...... There is no maintenance order within our Consent Order.

c) my ex is now engaged (to my ex best friend!) and they have a very large income coming in between them. Should her income be taken into account? After marriage?

Thanks

Jacquie

Under the CSA rules child support may continue until a child is 19 if they are in non advanced education. A degree is advanced education so CM through the CSA should stop in the first week of September when Child Benefit ceases.

An application can be made by children over 18 in eduction in there own right for maintenance from separated parents under Schedule 1, Children Act 1989. Your son would qualify for legal aid which wouldn't need to be paid back.

Alternatively, maintenance for over 18s can be awarded/agreed as part of the financial settlement in divorce proceedings.

Courts look at both parents' financial circumstances and new partners income is only relevant in that they should be contributing towards living expenses. this reduces the need of the payer of maintenance and increases their ability to pay.

Thank you Fiona

Is the option of my son pursuing via the courts a viable one... ie, one that is usually acceptable. I do not wish him to go through the stress unnecessarily.

/thanks

It really depends on the particular financial circumstances whether it's viable. Courts tend to take the view if a separated parents can afford to contribute towards maintenance whilst a "child" studies for a first degree they should. However, personally I think taking parents to court is a lot to expect of a young person.