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23 Nov 10 #236422 by coppershoe409
Topic started by coppershoe409
Can anyone give me any advice on maintenance for a child going to University next year she will turn 18 in Feb and is hoping to do a 3 year course. Am I right to expect support for her until she finishes?
Thanks

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23 Nov 10 #236427 by sexysadie
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If you are paying under a court order then legally it will depend on what the order says. But if you want your daughter to be able to survive at university without compromising her studies by too much paid work, then you should support her in any case.

Best wishes,
Sadie

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23 Nov 10 #236535 by coppershoe409
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Thanks Sadie I am her mother and she will reside with me but her father said last night that as of the summer next year he won't have to pay towards her upkeep. I obviously will still be looking after her at weekends and in the holidays and she will come back here hopefully when she finishes I just wondered if there was anything in place that says that my ex should still contribute if she is in full time education?
Thanks again I hope he will just volunteer to do so if not but you never know :(
BW
Lisa

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23 Nov 10 #236538 by Fiona
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child maintenance for over 18's in education can be negotiated and agreed as part of the overall divorce settlement so it's perhaps worth keeping it on the agenda. Alternatively over 18s can make a court application in their own right for maintenance from separated parents. Whether a claim is successful depends upon the needs of the "child" and the ability of the parent to pay.

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23 Nov 10 #236543 by Blackie
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Hi Fiona

Wonder if you could clarify something for me...

If it is agreed in a consent/court order that the NRP supports child through uni with a specific time limit ie 3 years max - does this mean that this is enforceable if the NRP then refuses to pay or does it fall into the area where after a year the NRP can simply not pay as child is over 18 and CSA would not enforce it??

Hope that makes sense??

Thank you xx

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23 Nov 10 #236549 by Fiona
Reply from Fiona
Child maintenance included in a Consent Order is enforceable through the courts unless either party applies to the CSA and the order ceases to have any effect. The CSA has no jurisdiction when the child is over 18 (unless the child is continuing a non advanced course until 19 years of age) so the order still stands.

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23 Nov 10 #236554 by Blackie
Reply from Blackie
That is good news!! Thanks Fiona xx

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