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Maintainance to end of childs education

  • Steve6A
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17 Jul 08 #33395 by Steve6A
Topic started by Steve6A
My daughter (nearly 21) has contacted a solicitor about her maintenance and the fact that she is not receiving 'her rightful amount'. She left school after her A levels and travelled for a bit and then worked full time for the local health authority. She has effectively taken a year out of education. She now want me to pay maintenance until the end of her first degree? If this is the case then I will do so, but what about the time in the year she is not at Uni, when she is travelling, working full time again (during the long summer holidays) for the local health authority and earning a salary?
Any advice please?

  • sexysadie
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17 Jul 08 #33413 by sexysadie
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Being at university is expensive (you have to pay rent, for example, which you don't as a child living at home) and your daughter will need to save money from her job for these costs if she is not to have to work through her course and compromise her degree results. It's not always that easy to get summer jobs and in any case many students have studying to do then as well as having a bit of a rest after a hard term.

In any case, personally I would pay up rather than fight my own child through solicitors.

Sadie

  • phaedrus
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12 Aug 08 #39639 by phaedrus
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Hi Steve,

Did you have a maintenance agreement that commits you to supporting your daughter through higher education?

I remember my ex's solicitor tried to sic this on me when drawing up a maintenance agreement but I pointed out that since the agreement was between myself and my ex, once my children reached 18 as legal adults they would no no longer be party to such an agreement. The clause was duly withdrawn.

Unless you have some sort of deed of covenant that commits you directly to your daughter's maintenance I don't think you're automatically obliged. If I were in your boots I'd take whatever documentation you have to a solicitor and then if possible talk to your daughter directly about what is and isn't possible.

Note before I get flamed: I have 4 kids and have been putting money aside for some years for college provision for each of them. As a parent you do what you can for your children. It just seems Orwellian to have your adult children litigate to force you to support them.

Phaedrus

  • Kevin01
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12 Aug 08 #39646 by Kevin01
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I find this all a bit scarey, on top of having to fund an ex wife, my own retirement now I have the possibilty of funding two offspring well into their 20's.

  • pyrategal
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12 Aug 08 #39689 by pyrategal
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scary it maybe but surely despite the marriage ending you are still their dad...however old they get....im 40 odd and i only manage because my lovely parents help me out ....bless the bank of mum and dad...

  • Fiona
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12 Aug 08 #39702 by Fiona
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"I remember my ex's solicitor tried to sic this on me when drawing up a maintenance agreement but I pointed out that since the agreement was between myself and my ex, once my children reached 18 as legal adults they would no no longer be party to such an agreement. The clause was duly withdrawn."


When child maintenance is included in a Consent Order the Court has the authority to extend maintenance for over 18s in education or training under s29(2) Matrimonial Causes Act 1989 anyhow. Including provision for over 18s in the consent order might prevent the rigmarole and expense of going back to court to sort it out.

If there is no Court order for CM over 18s in education or training can apply for maintenance from parents in their own right under schedule 1(2) Children's Act 1989.

  • Kevin01
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13 Aug 08 #39808 by Kevin01
Reply from Kevin01
Todays younger generation might think that they have it tough but I am from a generation where you wouldn't have dreamed of relying on their parents for so much support.
Now they expect a car, funding through university and the deposit on a house and I don't know how to fund my day to day expenses let alone fund my old age.
Now I face the possibility of a court telling me to fund my kids until they are 22 or 23.
Still I am a man so I guess that is normal.

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