How long to pay maintenance for

Deenport

Some help please. My husband has an agreement with ex regarding maintenance for their son. Son is now 19 and since leaving school, has never worked or tried to work, claimed job seekers allowance and last year successfully applied for a student loan to support him whilst at university. He started Uni, but left the course after 1 month. Since then, he has done nothing. Husband told his ex that he would continue to support until this summer, but if son did not try to get a job, then maintenance would stop. 

Ex has now informed him that son will be starting at college in September 2022 doing an HND ( in Scotland). My question is, does an HND qualify as an approved course in that husband has to continue maintenance and if so, for how long? 

Thank you 

tightauldgit

Child Support is paid until the kid is 16 or 20 if they are in approved education. I think it cuts off on the August following the birthday. 

University and HNDs are not approved education for the purposes of child support, it's only up to A-level or equivalent, so it would appear that your husband's legal responsibility to pay actually stopped some time ago. 

I think the basic rule of thumb is that if they aren't eligible for child benefit then they aren't eligible for child support. 

Of course they may have agreed something else with the court at the time of the divorce so if they have that should stipulate when it runs until. 

Deenport

Thank you so much for full answer. Husband knew he wasn’t legally obligated to pay maintenance recently but wanted to support son as long as he was actively looking for work after he left Uni last year. But if he keeps paying, then there is no incentive for son to get up and work or indeed stick in at college. 

turnitround

But the mum still has to keep a roof over his head and pay for his upkeep until he decides to get off his backside and find a job.

KxMx

turnitround said:

But the mum still has to keep a roof over his head and pay for his upkeep until he decides to get off his backside and find a job.

That is between mum & adult son. Nothing to do with OP's husband. 

tightauldgit

turnitround said:

But the mum still has to keep a roof over his head and pay for his upkeep until he decides to get off his backside and find a job.

Legally, no she doesn't. 

Deenport

turnitround said:

But the mum still has to keep a roof over his head and pay for his upkeep until he decides to get off his backside and find a job.

Thank you and understand that he needs a roof, food etc, however he is claiming benefits which should be covering his basic costs. 

ZaSa1418

Your husband does not have to be paying maintenance to his ex. He could have stopped when his son started claiming benefits and paid his son money direct rather than pay his ex. 

Deenport

ZaSa1418 said:

Your husband does not have to be paying maintenance to his ex. He could have stopped when his son started claiming benefits and paid his son money direct rather than pay his ex. 

Thank you. Unfortunately he can’t trust that son will use money appropriately. Son has been dabbling with cannabis, but that’s another story! 

CustardApple

turnitround said:

But the mum still has to keep a roof over his head and pay for his upkeep until he decides to get off his backside and find a job.

But that's on the mother and son, nothing to do with the father.

If he had stuck to going to university that would be fine, but son need to understand that they are consequences to his actions - there are no free lunches

RAS

Son can apply for a student loan to cover his HND costs, same as for a degree. If he was only at university for a month the first time, it might have been wise to have re-paid any loan he got that year.

As it is he'll need to knuckle down to the HND because the rule is that students are entitled to make one "mistake." Essentially they get funded for the duration of the course, plus one year which allows for re-takes etc. And he's probably assessed as having already had his extra year.

IF he then wants to convert to a degree after doing his HND, that should be possible, but he needs to keep an eye open for any university deadlines or pre-requisites.