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How long should child maintainence be paid?

Hi There

Looking for some advice please. Since my separation and divorce in 2005 I have been paying my ex wife £200 pm for child maintainence of my daughter. She is now 20yrs old and in full time education at our local college with a part time job in a local hotel.

Upon our divorce we agreed on, and signed a separation agreement detailing the monthly amount and that it would be paid until my daughter finished with full time education.

My question-: in theory my daughter could continue to stay in full time education indefinatly. So is there an age related cut off when I would no longer be liable to pay the maintainence ? There is no mention of age in our separation agreement but but surely there comes a time when it's beyond child maintainence as the word 'child' no longer applies
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Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    Why don't u pay it direct to your daughter? That's what it's there for and as an adult she can decide how she spends it
  • duchy
    duchy Posts: 19,511 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Xmas Saver!
    If you'd made an arrangement with the CSA it would end when the child turns 21 -however for your own reasons you've chosen to make a written private agreement that says something else.

    I suppose your wife could take you to court if you stopped or changed the payments. Most parents still support their children whilst studying to one degree or another though. The fact you no longer live in the marital home is a factor that may or may not overide that- the fact you've committed to "whilst she is still in education" may be binding though. Perhaps legal advice would be sensible.

    Opting out of CSA may not have been the best thing for you even if it meant lower payments.
    I Would Rather Climb A Mountain Than Crawl Into A Hole

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  • moomoomama27
    moomoomama27 Posts: 3,823 Forumite
    You have to kay maintenance until a 'child' is 21!! This has to fe wrong? Isn't a child an adult at 18?
  • Person_one
    Person_one Posts: 28,884 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    You have to kay maintenance until a 'child' is 21!! This has to fe wrong? Isn't a child an adult at 18?

    Do you know of many parents who live with their children and cut them off completely at 18?

    If they go to uni, student finance will calculate their loans/grants based on their parents income, young adults aren't entitled to minimum wage, and they can't claim things like tax credits.

    So yes, rightly or wrongly there is definitely an expectation that parents will continue to support/assist their children financially past 18. Why should living in a different home exempt one parent from that responsibility?
  • moomoomama27
    moomoomama27 Posts: 3,823 Forumite
    Person_one wrote: »
    Do you know of many parents who live with their children and cut them off completely at 18?

    If they go to uni, student finance will calculate their loans/grants based on their parents income, young adults aren't entitled to minimum wage, and they can't claim things like tax credits.

    So yes, rightly or wrongly there is definitely an expectation that parents will continue to support/assist their children financially past 18. Why should living in a different home exempt one parent from that responsibility?

    Yes, unfortunately I do, and I was one of them.

    DH pays csa, but is on older scheme, it actually does make a difference to the end date. On the older scheme it ends the September after their exams at a level.

    DH wants to give money directly to his child, not through the PWC, but cannot afford to do this if paying csa too. His son does not see a penny of maintenance, and the quicker the csa ends to the PWC, the quicker he can provide for his sons needs when he goes off to uni.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I do think it is fair that in the instance of the child still in FT education, that they should be still be supported by both parents, however, the money should be transferred to the child directly when they turn 18.
  • maman
    maman Posts: 30,127 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Person_one wrote: »
    Why should living in a different home exempt one parent from that responsibility?


    I'd agree with that and it's not just about responsibility but what any parent who can afford it would want to do.


    OP hasn't said what his DD intends to do when she finishes college but there will always be something that the money can be put to. If you stop giving it to her mum why not start saving it for your DD to help with a deposit later.


    Finding out legally where you stand should be simple enough but that still leaves why you want to know. Is it your intention to stop paying anything?
  • cazziebo
    cazziebo Posts: 3,209 Forumite
    His son does not see a penny of maintenance, and the quicker the csa ends to the PWC, the quicker he can provide for his sons needs when he goes off to uni.

    Does his son live with the PWC? Does the maintenance contribute towards the mortgage or rent, the utilities, the food, clothing, etc etc?

    What does he live on if he "doesn't see a penny"?
  • CH27
    CH27 Posts: 5,531 Forumite
    Yes, unfortunately I do, and I was one of them.

    DH pays csa, but is on older scheme, it actually does make a difference to the end date. On the older scheme it ends the September after their exams at a level.

    DH wants to give money directly to his child, not through the PWC, but cannot afford to do this if paying csa too. His son does not see a penny of maintenance, and the quicker the csa ends to the PWC, the quicker he can provide for his sons needs when he goes off to uni.

    Surely the maintenance pays towards his gas, electric, food & clothes?
    Try to be a rainbow in someone's cloud.
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