Not frequently discussed, the amount of financial contribution (if any) that parents are obligated to provide when their children begin university is unknown to a large number of parents. What happens when one parent wishes to maintain financial assistance while the other does not?
Here we discuss the conditions under which maintenance must be paid by separated parents for the duration of their child’s academic career.
Child support, which is administered by the Child Maintenance Service, is owed until the child reaches the age of 16, or until they reach the age of 20 if they are enrolled in full-time secondary education (college education). Therefore, in the event that a child completes their A-levels or college education at the age of 18, the responsible parent is only obligated to provide child maintenance until the completion of their studies, as university education is not classified as secondary education. In light of this, it is not obligatory to make ongoing child maintenance payments once the child reaches the collegiate level.
Numerous parents opt to offer a degree of voluntary financial assistance to their children during their time at university. However, if one parent unequivocally declines to do so, the other parent may inquire whether there exists a legal pathway through which they can compel their child to make ongoing educational contributions.
In this circumstance, what course of action should you take?
Parents should give careful consideration to this matter in their early stages, as the court’s authority becomes more restricted upon reaching the age of 18. Parents ought to maintain open channels of communication prior to contemplating any potential legal course of action in order to discuss their concerns and the extent of any financial obligations that may be necessary.
An exercise will be required in which you determine the relationship between the child’s income and expenses. For instance, do they anticipate receiving grants, loans, or employment-related income? What are their anticipated expenditures, including housing, utilities, literature, and daily living? This is essential so that you can determine the extent of the shortfall and the amount that the other parent is obligated to pay. Likewise, should the court opt to pursue a legal course of action in the future, it would proceed as follows:.
In the event that no progress is made, discussing the issues with the other parent through mediation may be a viable option. A mediator is a trained professional who will listen to both of your perspectives in an effort to reach a financial agreement.
In the event that a consensus cannot be achieved and the child continues to require financial support after child maintenance has been terminated, does the parent have access to any legal recourse?
Under Schedule 1 of the Children Act 1989, a parent may petition the court for either a fixed sum or periodic payments (financial support) on behalf of their child. However, the court’s authority to issue orders is limited to the child’s eighteenth birthday; if the child is older than that age, they must personally submit the application.
In order to pursue an application, the child must be enrolled in “full-time” education or training, or exceptional circumstances must exist (e.g., the child has a disability or vulnerability that prevents them from being financially independent).
The court would consider “all of the circumstances of the case” when determining a schedule 1 application, which would consist of the following:
- the income, earning capacity, property and other financial resources which each person has or is likely to have in the future;
- the financial needs, obligations and responsibilities which each person has or is likely to have in the foreseeable future;
- The financial needs of the child;
- The income, earning capacity (if any), property and other financial resources of the child;
- Any physical or mental disability of the child;
- The manner in which the child was being educated or trained.
Seeking early advice regarding one’s options regarding the submission of a court application is crucial. Our specialised team of family lawyers can provide guidance on your options, likelihood of success, and whether a court application should be filed by you or your child directly (considering the court’s authority and the age of the children). Furthermore, they can assess the costs and benefits associated with filing a court application on your behalf.
