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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:
BreadInCaptivity · 24/04/2025 18:25

I think this is case what’s right/moral and what someone has to do.

He doesn’t have to contribute but I would think poorly of someone who refused to in these circumstances.

DH were in a similar position re: DSD. Both high earners vs her mum.

DH (with my full support - but he would have done this even if I disagreed and questioned the sort of person he was married to) continued support at the same level not just Uni but also a subsequent gap year.

The difference was he paid it directly to DSD with the express understanding that she would use this to pay her mum board during the holidays (which she did - but if she hadn’t he would have paid mum direct outside of term time).

He/we would have supported her if she spent most time living with us, so we couldn’t really see the difference just because she spent more time with mum as that was nearer to her friends.

I just don’t get people (especially high earners) who cut support once a child goes to uni.

Notsandwiches · 24/04/2025 18:22

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

The irony is that these student adults' entitlement to maintenance is based on the household income of the parent they lived with. They're adults unless it suits the government.

Gwenhwyfar · 24/04/2025 18:22

Fleurchamp · 24/04/2025 17:16

When I went to uni my dad gave me money directly. During the holidays when I was at home I passed that on to my mum as keep.

Yes, but when you were not at your mum's she had to still pay for a home big enough to house you in the holidays, I suppose. That's what I don't really find fair here if both parents have agreed that DD lives with her mother.

Kimonolady · 24/04/2025 18:20

Sorry, having re-read your original message, I see you say 'Our original maintenance agreement states to pay until 2028, with regular reviews etc.'

Can I check whether the 2028 date is in reference to child maintenance/periodical payments, to spousal maintenance/periodical payments, or to global periodical payments?

If you have the precise wording of your order to hand I can be of more help.

Cherry8809 · 24/04/2025 18:19

Bernie54 · 24/04/2025 18:06

I am talking about in the holidays when she stays with me.

When she’s back in the holidays, she could send you some of her PIP (or wages if she’s going to get a part time job) to help with the food shop etc?

Kimonolady · 24/04/2025 18:16

Hi, I'm a barrister specialising in family law and particularly matrimonial finance.
There's a limit to the help I can give without having seen your final order, but some general points:

  1. The first step would be to look at the wording of the order regarding child maintenance. Usually you would expect it to say 'until the child completes secondary education' or 'until the child completes tertiary education' (i.e. throughout uni). It will depend what you agreed at the time (or the decision the Judge made if the order was not by consent but following a Final Hearing.)
  2. Next, what was your ex earning at the time of the final order? The general rule is that any agreement regarding child maintenance set out in a court order is only binding for 1 year after the order was sealed. After that time, jurisdiction goes back to the CMS, and either party is free to make an application to the CMS (who may make a higher or lower assessment.) This does not apply if the paying party's income was over the CMS threshold (£156,000 per year gross) - the CMS would carry out a maximum assessment and then jurisdiction would revert to the Court. I raise this because regardless of what the order says, if your ex was earning less than £156k gross at the time of the order, he could only be held to the child maintenance set out in the order for a maximum of 1 year, which has now passed.
  3. It sounds like you have a fairly amicable relationship with your ex and you are both motivated to ensure your daughter has what she needs. He may well want to financially support your daughter while she's studying anyway. It's worth talking to him about the possibility of a 'roofing allowance' which is a fairly common concept in family law - essentially, once the child goes to university, the paying parent continues the maintenance payment at the same level as before, but pays only 1/3 to the parent and the remaining 2/3 to the child. This is to reflect that the child will now be responsible for the bulk of their day to day costs, but that they will still live with you for the lengthy university holidays, and will have costs during that time. It may be he can see the fairness and sense in that, and volunteer to continue paying maintenance in that way while she completes her degree.
Minnie798 · 24/04/2025 18:16

It's the norm to just send the money directly
to dd when she is at university surely. Some nhs trusts pay a salary whilst return to nursing is completed, worth looking into. With dd at university, you can focus on your career again.

Letsbe · 24/04/2025 18:12

minnienono · 24/04/2025 17:13

It’s not enforceable after 18 however parents can come to any arrangement they want. My exh paid until the kids had both left university but amounts changed depending on whether he paid directly for things

Why did the Judge make the order until 2028 then? When did you qualify as a solicitor?

Letsbe · 24/04/2025 18:09

0ohLarLar · 24/04/2025 18:00

As an adult it will be expected that your daughter support herself, either:

  • through work
Or
  • if her needs are too great for her to manage full time work, possibly via benefits.

Your ex- husband will not be required to provide any financial support to you. If you end up supporting her as an adult and can't afford to - she may have to contribute to your rent/bills etc from her own wages or benefits.

Can you tell me where you studied matrimonial law please?

Bernie54 · 24/04/2025 18:08

Emanresuunknown · 24/04/2025 18:06

If your daughter is disabled enough by her autism to receive pip is she going to cope with university OP?

As presumably she needs a lot of extra support to be independent?

Support is in place via her EHCP and she also has a therapist. I don’t know if she will cope yet…she doesn’t just get PIP for autism.

OP posts:
Bernie54 · 24/04/2025 18:06

Cherry8809 · 24/04/2025 17:59

If she’s getting PIP and you’re both planning on sending her money, that should be more than enough? Will she be getting a part time job?

I am talking about in the holidays when she stays with me.

OP posts:
Emanresuunknown · 24/04/2025 18:06

If your daughter is disabled enough by her autism to receive pip is she going to cope with university OP?

As presumably she needs a lot of extra support to be independent?

Letsbe · 24/04/2025 18:06

Can any of the inviduals sayimg the payment ends explain why the Judge made the orfer to 2028 and how it no longer applies if it was not varied on appeal? How can you give advice if you have not seen the court order?

Bernie54 · 24/04/2025 18:05

Hankunamatata · 24/04/2025 18:03

Why not do the return to practise course. There's loads of options once your qualified again. Doesn't mean having to return to front lines of mental health

www.healthcareers.nhs.uk/career-planning/course-finder?field_leading_to_a_career_in_tid=3195&field_qualification_type_tid=All&field_study_mode_tid=All&field_region_tid=All&field_provider_name_tid=All

I don’t get paid x

OP posts:
Hankunamatata · 24/04/2025 18:03

Why not do the return to practise course. There's loads of options once your qualified again. Doesn't mean having to return to front lines of mental health

www.healthcareers.nhs.uk/career-planning/course-finder?field_leading_to_a_career_in_tid=3195&field_qualification_type_tid=All&field_study_mode_tid=All&field_region_tid=All&field_provider_name_tid=All

0ohLarLar · 24/04/2025 18:02

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?

Most students work during holidays, i know quite a few who don't have a bedroom to come home to and stay in their university town, or are off travelling around.

0ohLarLar · 24/04/2025 18:00

As an adult it will be expected that your daughter support herself, either:

  • through work
Or
  • if her needs are too great for her to manage full time work, possibly via benefits.

Your ex- husband will not be required to provide any financial support to you. If you end up supporting her as an adult and can't afford to - she may have to contribute to your rent/bills etc from her own wages or benefits.

Cherry8809 · 24/04/2025 17:59

Bernie54 · 24/04/2025 17:07

No there is no 25% contribution as they based it on my salary! She is getting the highest maintenance plus her PIP to live on! Plus money we will both send!

If she’s getting PIP and you’re both planning on sending her money, that should be more than enough? Will she be getting a part time job?

MigGril · 24/04/2025 17:56

If your daughter has an EHCP and is autistic, she may well be entitled to claim additional benefits while studying at University. I would look into this.

WearyAuldWumman · 24/04/2025 17:53

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.

My cousin had some kind of legal agreement where all her children received maintenance whilst in education, including further education.

Bernie54 · 24/04/2025 17:49

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?

Exactly my point. Thank you

OP posts:
Pickledpoppetpickle · 24/04/2025 17:45

ThejoyofNC · 24/04/2025 16:53

It's not his problem you're a low earner. No he shouldn't continue to pay.

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?

MyUmberSeal · 24/04/2025 17:40

Bernie54 · 24/04/2025 17:03

Actually it is his problem. Our DD is adopted and also neurodivergent….i had a good career (a nurse) prior to the adoption but we decided her needs were so great that I would leave my career and focus on our daughter, she flourished from this and I had the time to fight for her EHCP, therapy etc. He then had an affair and left me, I had been out of work 10 years + he was earning £100K+ me £0. My registration was gone, I managed to get a job as a TA in a school. Him and his new wife earn a lot between them. Daughter prefers to live with me and I will be paying for her for the weeks she is at home. Why shouldn’t he still contribute when she is at home and then at uni send it to her??

Moral obligations and legal obligations are very different.
He won’t have to pay. He might choose to, but he doesn’t have to.

Bernie54 · 24/04/2025 17:38

Lanzarotelady · 24/04/2025 17:30

How old are you now OP and are you in a position to look for higher paid employment?

I’m 54 if I did a return to nursing course I wouldn’t get paid plus it was mental health nursing, I couldn’t cope with that now. I work full time hours and I just don’t know where to start with getting a better job. Pathetic I know! My ex destroyed me emotionally

OP posts:
cardibach · 24/04/2025 17:35

when I was divorced we agreed, and wrote into the official agreement, that exH would pay until DD left full time education. In practice, I told him to send it directly to her once she went to university - but I could afford to keep the home for her to come back to in the holidays without it. Not everyone could.

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