maintenance after age 18

Hi all,

Finances have been sorted and currently waiting for divorce to be finalised but I have a question that no-one seems to be able to help me with

Our daughter (just turned 18) is currently in 6th year at school, so will be finishing in June. Due to the separation last year and moving home/actual divorce this year, she has been stressed beyond belief and it's now very doubtful she will achieve the grades she needs to do the uni course she wants. The only option is for her to go to college next year and try to improve her grades then apply for uni.

At the moment, her dad pays roughly £300 pcm maintenance - should be a heck of a lot more but hey ho, the CSA aren't the smartest peeps on the block. I'm sure I've read on here that in Scotland, nrp have a duty to support kids till the age of 25, but everyone I've spoken to knows nothing about this

At the moment I'm on sickness and disability benefits and don't see this changing any time soon, so obviously the £300 maintenance is a huge dent in our monthly income and I'm not sure how we would cope without it.

Can anyone confirm what the rules are in Scotland regarding maintenance and further education and also how to go about claiming it if entitled?

It makes me so mad that if this hadn't happened her dad would have been supporting her through uni yet now he thinks he has a free ride while he lives with his ow and supports her son (who neither works or gets educated!)

Thanks in advance,

Twizz

The CSA rules are that financial support for children completing courses up to and including Highers level continues until the child reaches the age of 19.

Under s1 Family Law (Scotland) Act 1989 there is a general obligation for all parents to support their children. A "child" is defined as a person under the age of 18 years or over that age and under the age of 25 years who is "reasonably and appropriately" undergoing education or training.

If there is no provision for maintaining over 18s in education it is open for them in their own right to make a claim for maintenance from parents who can afford financial contributions. Over 18s usually qualify for legal aid and aren't required to pay it back.

Hope that helps.

Hi

This will be the same for my son who has just turned 18,he is leaving 6th form and going to college in September, can you tell me if maintenance is still payable under English Law.
My court order says until they are 18 or leave full time tertiary education whichever is the latter.

Thanks

Yes, I would be interested to know the answer to this one too. My ex wants to stop payment after they finish school but I think it should be after Uni?

My son has just finished his first year at uni and CSA informed us no money was payable when he entered higher education,uni, as opposed to further education, college - he was 18 when he started uni in Sept. 2011
jaw