Introducing myself

Already checked this with him and he wants to reside with me - thankfully !!

LIB,

There are two different pieces of legislation regarding maintenance for over 18s in education. Under s29 MCA1973 29 it says no financial provision order shall be made in favour of a child who has attained the age of 18 unless the child is, or will be, or if an order were made would be, "receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he is also, or will also be, in gainful employment."

Alternatively over 18s in education or training may apply for maintenance from separated parents in their own right under schedule 1 Children Act 1989. The courts' view tends to be if a parent can afford to pay they should contribute something.

In the case Vaughan v Vaughan Ward LJ said that by no means does it follows that the interests of adult children undergoing further education are irrelevant to ancillary relief and the DJ's decision that it would be reasonable for the wife to buy a house which during the next few years the children might use as a base even when they were attending university and unlikely to live there full-time.

Fiona,

Thanks for your detailed reply which I have stored away in my "DIVORCE" file.

What I cannot understand is why do some people seem to think that once kids are 18, they're on their own?

Ok so I know they get grants and freebies for University if the parents can't afford it but when you "CAN AFFORD IT" that's what gets me.

I don't get it either. Dare I say it, it seems to be an English thing. Here the first section of the Family Law (Scotland) Act 1985 says that all parents (not just those who are separated) have an obligation to support their children and 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 undergoing education and training. In all other western European counties all parents support their student offspring and where I used to live their is a lifelong obligation for parents to maintain their 'children' in need whatever their age.