I divorced my husband and got a maintenance agreement through the court for our children until they hit 18. I have heard of a friend managing to get an agreement for her ex to continue to pay her son a monthly amount whilst he was at university - has anyone else come accross this? Apparently he didn''t want to do this, but she said that her son (19 at the time) would take him to court in his own right if he didn;''t pay. Any thoughts anyone??
Over 18s can make a court application in their own right for maintenance from separated parents whilst they are studying for a first degree. They would be entitled to legal aid. The courts then look at the finances of *both* parents and the student before making a decision.
However, it is a pretty awful thing for an 18 y o to take parents to court and negotiation is a better way forward. If at all possible the "child" discussing maintenance directly with the parent is a better way forward. Otherwise many students would prefer not to go to court and manage without maintenance.
My Husband is in a similar situation. His Daughter is 19 and going back into full time education next year. His ex is threatening him with court because she wants to stay on the CSA rates and wants to be paid directly. It appears from legal advice that a court would look at "both" parents incomes as well as any income his daughter has from any jobs or assets and any payments would be based on need and not on any set calculations such as CSA/CMEC calculations. Needs would not include money for going out drinking etc or hobbies but food, shelter and clothes etc as that age as they are no longer considered to be a child and have their own income.
Although his ex could take him back to court we have been advised that she would be very unlikely to suceed as he is willing to pay his daughter directly so she can then manage her own money and then pay her mum for keep etc. His Daughter will not take him to court so it seems his ex is wasting her money on solicitors threatening letters.
I would be very happy if my ex would pay my children directly, as long as they get some contribution from him. Apparently according to my solicitor the government is withdrawing all legal aid unless it''s for domestic violence or child protection from next April onwards. I am planning on helping them all I can and want him to do likewise
Perhaps you could let him know that legally, even though your child is over 19 you or your daughter could take him to court to make him pay some support. This may make him pay something to his children.