child maintenance for over-18s

garlicpickle

Hi all
We have a slightly unusual situation. My husband is the non-resident parent for his 2 daughters. My question is about the older one. We pay maintenance but it is an informal agreement and not done through the CSA.

She is currently 17 and will be 18 in April. She is enrolled on a full time diploma course in Animal Care which will end this summer. We therefore assumed that child maintenance would stop for her in September as she would be 18 and her course would have finished.

But when we saw her the other weekend, she mentioned that she would "probably" be extending the course by another 2 years to do a BTEC in Animal Management. So by the time that finished she would be 20 years old.

My question is what is our *legal* obligation regarding supporting her for the next 2 years? I know child support is payable for upto 19 year olds if they are in further education, but that would only cover the first year of the BTEC. She can't apply for a student loan because it's not higher education.

We strongly believe that both girls should get as good an education as possible and are prepared to support them while they do this. But because their mother doesn't keep us informed as to what's going on (we had no idea J was planning another 2 years at college), we would prefer to support J directly rather than pay through her mother - so could we do this after she turns 18? Or are we bound to keep paying maintenance to J's mother until she turns 19, if she stays at college?

J's sister is planning to go onto university, so it's a bit more straightforward for her.

Caz3121

Although it is a private arrangement I guess the best approach to take is "what could the mother do if the payments stop" I think the answer is that the worst case scenario is she could open a case with the CSA which would require payment until 19 if she is on a BTEC course

shell_542

If paying through the CSA, you would pay until her 19th birthday. Like Caz said, the worse that could happen would be you propose paying his daughter direct and the Mother says no. You might get a chance to pay her directly until his daughter turns 19 or she might go straight to the CSA. You would have to take that chance or just leave it as it is until she turns 19.

rheme

Presume the daughter lives with her mother and it is her who has the costs of keeping a roof over the family's head and probably buys most of her daughters clothes, etc. then think the money should go to the mother and not the daughter direct who could go and spend it on non necessities (not needed for her upkeep).

Better to keep relations between all good and it is for such a short time anyway.

garlicpickle

Hiya - thanks.

I realise the easiest option would be to continue the existing arrangement until J turns 19.

But for the 2nd year of her BTEC, she will be 19/20. So am I right in saying we are not actually obliged to pay maintenance during her 2nd year?

I'm not saying we won't help her out, we definitely will. But am I right that we wouldn't have to hand the money over to her mother for that 2nd year, even if J was still living at home? We would help her out personally, and she could then come to her own arrangement with her mum for paying rent if she still wanted to live at home?

shell_542

That's right garlicpickle. From her 19th birthday, you are no longer required (by CSA rules) to pay child support to the mother. Your partner and his daughter can decide between them then.