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Child Maintenance continuing once 'child' goes to university

45 replies

DEK64 · 16/11/2018 12:02

Just wanted to ask others opinions or understanding.

My DP has 2 DC with his ex. He has always paid child maintenance every month without fail even though he hasn't been allowed to see the children. The oldest child is due to start university next September.

My question is ... should he still be required to pay child maintenance for both children after next year?

Thank-you

OP posts:
ZazieQueneau · 16/11/2018 16:20

Bit grabby OP. Bit grabby.

WhirlyGigWhirlyGig · 16/11/2018 16:37

Morally it's the right thing to do yes but legally you don't have to. My dickhead ex doesn't, my opinion of him is something stuck to the bottom of my shoe...

And Mummy as said, no grants, loans. Mine doesn't get the full loan, her stepfather has to pay because her biological father won't. I have very strong opinions about this.

Poppyfr33 · 16/11/2018 16:37

My ex and I had an agreement whereby he paid maintenance whilst child in full time education, when DD went to Uni the maintenance paid for the accommodation.

Soontobe60 · 16/11/2018 16:38

If a child refuses to see a parent, then why, when they go to Uni, should they expect that same parent to pay for them going? Smacks of double standards to be honest, and not one which I would encourage my child to have.

WhirlyGigWhirlyGig · 16/11/2018 16:42

Soontobe in my case, dickhead father treated his daughter appallingly when she saw him, think mental/verbal bullying. So she stopped seeing him. I still think he should help her out though but he doesn't.

Shitlandpony · 16/11/2018 16:42

If a child refuses to see a parent, then why, when they go to Uni, should they expect that same parent to pay for them going? Smacks of double standards to be honest, and not one which I would encourage my child to have

Because again, maintence for the child that you are responsible for is NOTHING to do with contact.

You have no idea why there is no contact.

Shitlandpony · 16/11/2018 16:45

Stowe Family Law

The legal position is that contact and child maintenance are regarded as entirely separate issues. This means that a parent cannot stop another parent having contact to a child/children simply because the other parent refuses to pay the child maintenance. Similarly a parent is not legally entitled to stop paying child maintenance if the other parent terminates contact. Unfortunately couples often, and for understandable reasons, link the two but the legal position remains that they are completely unconnected

megletthesecond · 16/11/2018 16:52

Personally, yes, he should contribute something directly to his children while they're at Uni.

spottedduck · 16/11/2018 17:03

Yeah but shitlandpony you don't generally legally have to pay maintenance for 'children' at university. You only have to pay whilst they are in higher education (a level equivalent) up to age 20. Although most finish a levels at 18.
There are a couple of exceptions to this rule but it is rare. Generally the courts will not enforce parents to provide for 'children' over this age.
There has to be a cut off at some point.
That said though I do think parents should give what they can to help out their adult kids when they are at uni. But it should go directly to the 'kids' and not to ex's. It should also not be legally enforced.

Bythebeach · 16/11/2018 17:15

The dad may not see the kids and he may not be obliged to pay during uni but I think he wants to do his moral duty and have any chance of having his kids’ respect, he should pay a contribution direct to the child in line with what he would have expected to pay had he been a resident parent or have a very good reason not to.

Starlight345 · 16/11/2018 18:25

There is a lot more to this story .

Why don’t these children see there dad. It might be that ex is manipulated the situation but also a whole multitude of reasons.

If you partner has any fault yes I would still be working to build bridges . If not I would wait for child to come to him.

Why is ex still contacting though if no contact with kids ?

parchworkpatty · 16/11/2018 19:40

Ok. Student loans are based on HOUSEHOLD income. An 18 yr old who is going to University will qualify for the loan commensurate with the household they come from. So if mum is a single parent the university student will qualify for a loan based on her income alone and does not suppose the non resident parent will pay.

Very occasionally high earning parents with a detailed financial settlement will have an agreement about supporting a child through university. These are rare.

CM finishes when the eldest child reaches the end of full time non advanced education. For those attending university this is usually the first week in September following the end of school.

Holidayshopping · 16/11/2018 19:44

If they have gone NC with him, they won’t want his money then, will they?

PoesyCherish · 16/11/2018 19:46

Legally he doesn't have to pay. If one is younger then he should reduce his maintenance accordingly in terms of payments to his ex.

Morally though, most parents would want to support their adult DC through university (if financially viable of course) but that would come in the form of payments direct to their adult DC. That said a lot of this depends on why they're not seeing him. You don't have to answer this but if you both feel the lack of contact is in any way related to what you may or may not have done, then I think you should still be supporting them financially (but again directly, not through the Ex).

parchworkpatty · 16/11/2018 20:03

Child maintenance and contact are not related.

Voluntary payments made to an 18yr old who is going to university are neither child maintenance nor does an over 18yr old have 'contact' with their parent.

University top ups are not legal obligations. Even if the student loan assessed the student as coming from a wealthy household and gave them a minimum loan, with an expected large contribution from parent/s - there is nothing to legally require the parent to make this payment.

The system is screwed. My daughter has uni friends assessed to be from 'rich' households but the income is earned by mums partner - who doesn't want to pay for someone else's kids to go to uni. Leaving these kids screwed with minimal loan and no parental support.

Whatever the rights and wrongs- any money your partner chooses to give his children for university should without question go to the child and maintenance for younger children reduced accordingly. (Do an online calculation on CMS website)

PoesyCherish · 16/11/2018 20:14

My daughter has uni friends assessed to be from 'rich' households but the income is earned by mums partner - who doesn't want to pay for someone else's kids to go to uni. Leaving these kids screwed with minimal loan and no parental support.

Sorry to derail but that's awful @parchworkpatty I don't understand why you would get with somebody who has DC if you're not prepared to support them financially Sad

parchworkpatty · 16/11/2018 20:26

Because I guess there is not enough money to go round and when dad has a choice of supporting his own children through uni or someone else's - he chooses his own. Exactly as I would in the same situation.

This is because HIS children live in a household which is assessed to be 'earning' £££ where the bulk of the income comes from the Step parent - who wants to support HIS children ... and so on...

The system is complete bollocks. These are all ADULTS getting loans . Why is another adult expected to top it up ? If it's a loan - then let everyone apply for the maximum. It still has to be paid back.

No more parents being expected to financially support ADULTS.

PoesyCherish · 16/11/2018 22:20

The system is complete bollocks. These are all ADULTS getting loans . Why is another adult expected to top it up ? If it's a loan - then let everyone apply for the maximum. It still has to be paid back.

I totally agree with this. I was very lucky in one sense and got the maximum grants (before they got rid of grants) as my parents were low earners on benefits. It wasn't fair that I got the maximum whilst most of my friends didn't. As you so rightly say, anyone who undergoes university is an ADULT and as such should be treated like one. Any financial backing my parents should be optional not expected by the government.

I don't think it's fair that if DSD chooses to go to university, she will get maximum loans (assuming the system is still the same in 12 years time) but any DC we have together will have much less - both sets of DC will receive the same financial backing from DP and I. The system is totally fucked. Either the government should support all at the same higher level of funding (which is preferable) or all at the lower level (obviously not a good option).

PoesyCherish · 16/11/2018 22:21

by parents - one too many glasses of wine I think...

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