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Receiving child maintenance once child has gone to university ?

265 replies

Bernie54 · 24/04/2025 16:38

Hi, can I ask if anyone still receives child maintenance from their ex once the child has gone to university ?

My Daughter (18) goes to university in September, she lives full time with me atm, and will stay with me when she returns for the holidays. Our original maintenance agreement states to pay until 2028, with regular reviews etc.

AIBU to expect this to continue? At least in the holidays anyway? Anyone else in this situation. For context I’m a low earner. He is not.

OP posts:
MellowPinkDeer · 25/04/2025 14:01

thepariscrimefiles · 25/04/2025 13:53

But OP and her ex-husband adopted a child with disabilities. People have to jump through loads of hoops to be able to adopt and I assume that OP gave up her nursing career in order to facilitate the adoption as her providing full-time care would have been the preferred option. She is working full time now but on a low wage. Her ex-husband's career proceeded unimpeded.

You've had a post deleted so I assume that post was even more insulting and vitriolic than the undeleted ones.

im actually astounded that post was deleted. Literally all it said was that there has been lots of posts lately about ex wives wanting maintenance to continue. Lots of posts where mums haven’t worked etc and then can’t cope without the money. I’d actually love to hear from MN HQ as to their deletion justification!!

and lots of people give up careers to have kids , it doesn’t mean that the ex has to fund her forever though ( of course he should be supporting the child and I’ve already said that ) and unfortunately for the Op, the guidelines are very clear on the expectation on the timelines for this.

thepariscrimefiles · 25/04/2025 13:53

MellowPinkDeer · 25/04/2025 09:56

Yes. I can afford my life regardless of maintenance because it’s really stupid to rely on it .. it’s always going to stop. There has been so many of these types of threads recently with stay at home mums or part time working mums who can’t afford to have their income from their ex stop. It’s not your ex’s problem/ it’s yours. ( and I have a SEN kid to before that becomes an excuse - the mere fact that your daughter will go to uni is far far beyond what my daughter will achieve and I’ve always worked full time)

But OP and her ex-husband adopted a child with disabilities. People have to jump through loads of hoops to be able to adopt and I assume that OP gave up her nursing career in order to facilitate the adoption as her providing full-time care would have been the preferred option. She is working full time now but on a low wage. Her ex-husband's career proceeded unimpeded.

You've had a post deleted so I assume that post was even more insulting and vitriolic than the undeleted ones.

Bernie54 · 25/04/2025 13:43

Coconutter24 · 25/04/2025 13:40

I think because that’s the only part of my comment you’ve picked up on it’s quite obvious that you actually think your low income his is problem when it’s not

in your opinion

OP posts:
Coconutter24 · 25/04/2025 13:40

Bernie54 · 25/04/2025 06:06

👏🏻 well done for noticing I wrote it twice

I think because that’s the only part of my comment you’ve picked up on it’s quite obvious that you actually think your low income his is problem when it’s not

Bernie54 · 25/04/2025 11:32

MellowPinkDeer · 25/04/2025 09:56

Yes. I can afford my life regardless of maintenance because it’s really stupid to rely on it .. it’s always going to stop. There has been so many of these types of threads recently with stay at home mums or part time working mums who can’t afford to have their income from their ex stop. It’s not your ex’s problem/ it’s yours. ( and I have a SEN kid to before that becomes an excuse - the mere fact that your daughter will go to uni is far far beyond what my daughter will achieve and I’ve always worked full time)

I work full time too. And I’m not relying on it forever as yes that would be very stupid. It has reduced significantly over the years too, as per the order as per we agreed.

OP posts:
Minnie798 · 25/04/2025 11:00

bigboykitty · 25/04/2025 10:09

Would you like me to explain the difference between 'until 2028 as per the financial order' and 'for a lifetime'?

Nope, I'm good

legallyblond · 25/04/2025 10:52

Comefromaway · 25/04/2025 10:38

You are not and should not be entitled to child maintenance once your dd goes to university. She should be paying all of her own costs from her student loan and PIP, including during the holidays when she is living with you. The student loan payment is more in the Spring term to account for the fact that she has to live over the summer holidays.

However

The fact that you had to give up work to care for a disabled child should have been taken into account when the financial order was made. This could have been in the form of you receiving more than a 50% share of the assets or it could have been in the form of spousal maintenance. If spousal maintenance was included or it was as other have said a global order then that should continue until 2028.

Yes, this. I would very much hope your inability to earn due to your DD’s disabilities would have been taken into account in the original order. That would be a factor that I would expect to have been strongly argued on your behalf. It just can’t be child maintenance in that order for maintenance until 2028! It must be global or not child related … child maintenance does not cover uni years. OP, I suggest you (a) discuss in real detail with your ex how your daughter will be supported by you both as parents, (b) go to a lawyer if the order is unclear to you, and (c) start the journey of getting back into a better paid career, which is what lots of parents do once children leave home / the full on parenting period ends. You have time and you can see this as your time!

Comefromaway · 25/04/2025 10:38

You are not and should not be entitled to child maintenance once your dd goes to university. She should be paying all of her own costs from her student loan and PIP, including during the holidays when she is living with you. The student loan payment is more in the Spring term to account for the fact that she has to live over the summer holidays.

However

The fact that you had to give up work to care for a disabled child should have been taken into account when the financial order was made. This could have been in the form of you receiving more than a 50% share of the assets or it could have been in the form of spousal maintenance. If spousal maintenance was included or it was as other have said a global order then that should continue until 2028.

GRex · 25/04/2025 10:35

Willyoujustbequiet · 25/04/2025 09:44

That doesn't take account of additional needs though. Some children are never wholly independent.

Op you can make a schedule 1 application under the Children Act. The court will look at your daughter's needs and make a ruling accordingly.

Given that OP gets maintenance anyway until 2028, it would likely be better to do this only from 2027, she should get a solicitor's advice. It will also be possible then to say how well the DD fared away from home, and how much support has actually been needed.

If she is able to work after university, then minor support like doing her washing and helping her with shopping do not require financial maintenance. Even if dad doesn't put on the washing machine for her, it will only cost about £25/year to do all her laundry at home. If she isn't able to work, then sensible conversations about her living costs will be easier when that is clear.

TheTwenties · 25/04/2025 10:25

DD will have higher uni debt because the loan is based on your low income as opposed to DF’s or your joint income had you not been separated. For me that would be the bigger issue.

You mentioned that you would both be sending DD money whilst at uni - in your shoes I would request ex to fund the difference between min and max maintenance loan directly to DD and instead of you sending any money to her at uni your contribution is supporting her during the weeks she’s at home.

At some point you need to be able to fund your living expenses without any maintenance assistance or relying on DD living at home and paying rent. One possible option is downsizing or a lodger.

Puzzledandpissedoff · 25/04/2025 10:17

Pickledpoppetpickle · 24/04/2025 17:45

Presumably he wants his child to be appropriately housed, fed and watered during holidays? Why is it the sole responsibility of the OP to sort this for their joint child?

Surely the point is that they're not a child any more, and besides don't parents realise this is coming once the period during which the absent parent has to pay ends?

Personally I liked the idea - if dad continues to pay money directly to the DD - of her chipping in while staying with mum during holidays, but the money's obviously going to end sometime so preparations will be needed

bigboykitty · 25/04/2025 10:09

Minnie798 · 25/04/2025 09:15

But no one should be expected to sustain an ex spouse financially for a lifetime. People who divorce want ( and should) get a clean break. Providing for children is one thing. Providing for an ex spouse is another- which is what ops ex would be doing if maintenance continued for an adult dd who has gone to university and has their own finances.

Would you like me to explain the difference between 'until 2028 as per the financial order' and 'for a lifetime'?

MellowPinkDeer · 25/04/2025 09:56

Bernie54 · 25/04/2025 09:51

Wanting to be kept ?

Yes. I can afford my life regardless of maintenance because it’s really stupid to rely on it .. it’s always going to stop. There has been so many of these types of threads recently with stay at home mums or part time working mums who can’t afford to have their income from their ex stop. It’s not your ex’s problem/ it’s yours. ( and I have a SEN kid to before that becomes an excuse - the mere fact that your daughter will go to uni is far far beyond what my daughter will achieve and I’ve always worked full time)

Bernie54 · 25/04/2025 09:51

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Wanting to be kept ?

OP posts:
MellowPinkDeer · 25/04/2025 09:49

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Willyoujustbequiet · 25/04/2025 09:46

Suns1nE · 24/04/2025 17:25

That doesn’t stop her being an adult. She will be entitled to benefits according to her disability if she is unable to work. Parental support for children ends when they leave full time eduction (in terms of benefits and child maintenance). From now on they are expected to fund their own life via whatever means are open to them

That's incorrect. The court can order further support/lump sums if disabilities are involved.

Bernie54 · 25/04/2025 09:45

Newbutoldfather · 25/04/2025 08:50

I won’t pay maintenance when my children go to uni but I will support them generously directly, hopefully with a lump sum so they don’t need a loan for at least my half of the fees.

At the moment we are close to 50/50 anyway. If my ex wife chooses to charge them board when they are with her, she can have that conversation with them.

After 18, they are adults, no longer children.

Good for you, every situation is different

OP posts:
Willyoujustbequiet · 25/04/2025 09:44

Suns1nE · 24/04/2025 17:06

He doesn’t have to pay for her as she’s deemed an adult. The same reason child benefit stops and UC child care element stops. They are expected to start funding their own life at this stage (via work or benefits) and should therefore not be reliant on parental support

That doesn't take account of additional needs though. Some children are never wholly independent.

Op you can make a schedule 1 application under the Children Act. The court will look at your daughter's needs and make a ruling accordingly.

Bernie54 · 25/04/2025 09:43

snughugs · 25/04/2025 09:38

Why have you not acknowledged my link? Many university students claim from absent parents through this.

What link ? What absent parent?

OP posts:
snughugs · 25/04/2025 09:38

Why have you not acknowledged my link? Many university students claim from absent parents through this.

Minnie798 · 25/04/2025 09:33

Startinganew32 · 25/04/2025 09:21

No one? Because the law disagrees with you there. It is possible to make long term or even life long maintenance orders for a spouse and in some cases it is absolutely justified for someone to continue to support their ex spouse where that persons ability to earn money has been directly impacted as a result of the marriage. The OP falls into such a category. An adopted child with additional needs requires a huge amount of care that is incompatible with a career. The OP’s ex got to opt out of the impact of this due to the OP’s sacrifice. She has raised a child with a difficult start in life who is now going on to uni - a huge achievement in itself. However, her career is lost whereas her ex has been able to keep his intact.

The law may disagree with me but yes, I don't personally believe anyone should have to. That is an opinion I'm entitled to, as anyone else is entitled to theirs. You'd need to be a very high earner for a life long maintenance order for an ex spouse to go through. A minority tbh and op hasn't said she has one.

Startinganew32 · 25/04/2025 09:21

Minnie798 · 25/04/2025 09:15

But no one should be expected to sustain an ex spouse financially for a lifetime. People who divorce want ( and should) get a clean break. Providing for children is one thing. Providing for an ex spouse is another- which is what ops ex would be doing if maintenance continued for an adult dd who has gone to university and has their own finances.

No one? Because the law disagrees with you there. It is possible to make long term or even life long maintenance orders for a spouse and in some cases it is absolutely justified for someone to continue to support their ex spouse where that persons ability to earn money has been directly impacted as a result of the marriage. The OP falls into such a category. An adopted child with additional needs requires a huge amount of care that is incompatible with a career. The OP’s ex got to opt out of the impact of this due to the OP’s sacrifice. She has raised a child with a difficult start in life who is now going on to uni - a huge achievement in itself. However, her career is lost whereas her ex has been able to keep his intact.

Ponoka7 · 25/04/2025 09:19

@Newbutoldfather are your children disabled? Under LA policies re housing/benefits they aren't full adults. Various bodies have a duty of care towards them. For non disabled young people it's 21, for formally looked after children, disabled etc, it's 25. Someone has to house an 18 year old, if you are prepared to do it, great. If not, as long as you are helping them enough that they could pay their mother keep, that's also reasonable parenting.

Minnie798 · 25/04/2025 09:15

Startinganew32 · 25/04/2025 08:56

I think what many are missing here is that you and your ex made a joint decision to adopt a child with additional needs. Due to your sacrifice of your career to devote the time needed to support your DD, your career has suffered irreparable damage and you will now always be a low earner. His career has been unaffected and he will continue to benefit from your unpaid work to care for his DD. I wonder how his career would have panned out had he been the primary carer. Over a lifetime, the benefit to him of being able to keep his career is in the millions. It would be impossible to reflect this in a divorce settlement. So ignore the comments about how it’s not his problem and how he’s dad of the year by having his DD a couple of nights a week.

But no one should be expected to sustain an ex spouse financially for a lifetime. People who divorce want ( and should) get a clean break. Providing for children is one thing. Providing for an ex spouse is another- which is what ops ex would be doing if maintenance continued for an adult dd who has gone to university and has their own finances.

Ponoka7 · 25/04/2025 09:14

Bernie54 · 25/04/2025 08:00

just because she is very very close to me does not mean she doesn’t have a relationship with her father does it?! Have I ever said that ? Don’t be so black and white. And stop stalking my other post in an attempt to ‘catch me out’. This post is not about is he a good father or not, in truth he is, yes my daughter can stay at his 2 nights if she wants. In reality this rarely happens, through choice. I am still the resident full time parent, stop trying to twist my words.

Now come on OP, wouldn't any of us, who like weekends away refer to it as living in our houses part time? I go to Wales nearly every weekend, so obviously I'm a part time Welsh resident. Ffs.

This was not the place to post. There no understanding of adult disabled children on here. People are in court because the LAs can decide to house their adult, vulnerable children anywhere they like. Anyone who isn't bitter and/or a twat would get your point. She might not cope with UNI and will need a place to come home, or may not be able to live independently, so you need two bedroomed accommodation. She needs security, also because of her start in life. The court recognised your sacrifice and it was a needed one for an adopted, disabled child. The way your order is worded sounds as though it would continue, legally, as said, get advice. If your maintenance is a drop in the ocean to your ex, he'd be the lowest of the low to stop paying. My DD, is only now, at 28, starting to be truly independent and not in need of a lot of help, emotionally as well as practically. Working full time doesn't mean that they can function, as others do. Me still doing her washing and cleaning means that she can be financially independent, because otherwise she'd be too overwhelmed. Get legal advice, as suggested.

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