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Step-parenting

Connect with other Mumsnetters here for step-parenting advice and support.

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Original poster

Does child maintenance stop once DC have finished Alevels or continue if they go to Uni?

105 replies

hulahoopsilove · 10/12/2014 16:45

Im confused the government site says
"Child maintenance payments usually stop when the child reaches 16 (or 20 if theyre in full-time education not higher than A-level or equivalent)"

DSD is 18 in March having taken AL's last 2 years...we assumed maintenance would stop at 18 - she is going to Uni next year for 2 years does child maintence continue till she is out of education?

It's done as a private agreement between DH and his ex

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Petal02 · 15/12/2014 15:34

Linerunner, yes I think this is the maximum grant. It's £5344 per annum, paid in three equal instalments, each instalment coincides with the start of a new term.

LineRunner · 15/12/2014 15:47

It's a minefield for the divorced / separated parents of adult children at university, really. And a lottery for the students.

Original poster

hulahoopsilove · 15/12/2014 16:00

so there does appear to be a straight forward answer to this then at what age do you legal stop paying maintenance?

OP posts:

Petal02 · 15/12/2014 16:07

Yes - it's usually when a child finishes A levels (or education equivalent to A levels) or reaches age 20 - whichever happens sooner. So that's the end of the two year sixth form period for most people. I gather it may be a bit different in Scotland or Ireland?

The only other thing to watch out for, is if your DH signed an agreement which differs to the above (have you got a copy of his consent order?) If he agreed to pay maintenance through Uni, then I think you're rather stuck with that, but if not, then the 'standard' cut off point of finishing 6th form should apply to you.

Original poster

hulahoopsilove · 15/12/2014 16:14

will have to check with him the legal agreement they had changed over the years but was done mutally between the 2 of them.

I think its fair that he finishes paying once AL's are taken - one DSD works and the other as Ive said is taking AL next year

OP posts:

Petal02 · 15/12/2014 16:19

Hula, I'll keep my fingers crossed that it's a 'normal' agreement. I remember DH panicking when he heard (via DSS) that the ex was expecting maintenance to continue throughout Uni, however we checked his consent order, and he needn't have worried.

It would seem ridiculous to keep paying money to the ex each month, in respect of a young adult who no longer lives under her roof. Surely that's not what maintenance is for!

SoonToBeSix · 15/12/2014 16:23

Mother yes is a parent is on a very low income they don't have to top up but for the resident parent they don't decide if they can afford it the government does.
Hula how is it in any way fair that your dsd is supported by her mother through uni but not her father? As the resident parent is the mother legally only she is required to support her but morally that is very wrong. Are you sure your dh would be happy with that situation , any decent man wouldn't be. Unless of course he will be giving money directly to his dd.

SoonToBeSix · 15/12/2014 16:23

If a parent not IS

Petal02 · 15/12/2014 16:29

I don't think it's morally wrong to decline to support a student (I'm not going to use the word 'child') at University. Going to Uni is an expensive, adult choice - if a young person makes that choice, then they shouldn't expect their parents to make a contribution.

Petal02 · 15/12/2014 16:31

PS - soontobesix but no one seems to think it's wrong if the mother refuses to give any support, leaving it to the father ......

purpleroses · 15/12/2014 16:45

The government works out how much grant/loan students get based on the household they are deemed to "live" in - ie their RP and any partner of theirs. If the RP is poor, they'll get maximum grant and then have to work to top it up, just like all other students from a poor background to. They'll also be eligible for various bursaries, etc. If the NRP is able and chooses to top the child up then that's a nice bonus, that most children from together families wouldn't get.

If the RP is not poor and the student isn't getting the maximum loan, then it's morally up to both them and the NRP to support their child.

I think the whole distinction between an RP and an NRP is absolute nonsense for student children who aren't actually living with either parent. Both should help support their child financially as best they can if they support their studies, and both are usually quite capable of accommodating their child in the holidays if needed. The idea that one of these households should be paying the other money in respect to "children" who have left home is quite crazy! (But do check the court order to see whether your DH has in fact signed up to crazyness...)

Original poster

hulahoopsilove · 15/12/2014 16:55

DH took a 10k drop in new job due to redundancy never changed his maintenece payments...he has supported 2 DSC. We have a DD and think it fair now that she receives the same support educationally.

Also Im thinking child tax credits would stop for ex at some point???

OP posts:

SoonToBeSix · 15/12/2014 16:57

Petal but the law expects a parent to support an over 18 at university whatever your personal feelings on the matter.

SoonToBeSix · 15/12/2014 16:58

Sorry petal I do think it is just as wrong if the mother won't support her child.

Petal02 · 15/12/2014 17:07

Petal but the law expects a parent to support an over 18 at university whatever your personal feelings on the matter

I disagree, there is no legal obligation. Which is a good job, because I expect there are many families that simply can’t afford to do it.

We’re happy to pay DSS’s uni accommodation for him, but if either of us lost our jobs, then things would have to change. Our household bills and mortgage would have to come first, and if there was nothing left over, then we wouldn't be paying out to DSS each month. Or if we had more than one child at Uni, then we certainly couldn’t afford to support both of them.

choccyp1g · 15/12/2014 17:12

So he won't be supporting your DD through university when the time comes? Fair enough if all three are treated the same.

choccyp1g · 15/12/2014 17:14

So he won't be supporting your DD through university when the time comes? Fair enough if all three are treated the same.

needaholidaynow · 15/12/2014 17:18

This reply has been deleted

Message withdrawn at poster's request.

LineRunner · 15/12/2014 17:26

Exactly, needs. It's a lottery.

SoonToBeSix · 15/12/2014 17:34

Petal there is a legal obligation for the resident parent to support their dc.

purpleroses · 15/12/2014 17:38

What if the RP is not poor, therefore they don't get the maximum loan/grant amount. But the NRP is poor? - then morally the RP should be topping up their student child clearly. That's what'll happen in my own case - my ex earns very little and realisitically it'll be largely me (and DH) who top up my DCs when they're at Uni. I'd expect my ex to maybe contribute a little, on principle really rather than because he's actually in a possition to make much of a difference. But yes, if either parent is well off then that parent should contribute.

The DCs whose RP is well off but NRP is poor are hard done by by the government though - as they won't get the full grant or loan.

PeruvianFoodLover · 15/12/2014 17:39

Petal there is a legal obligation for the resident parent to support their dc.

Legal obligation implies that the adult child can take legal action to enforce such support - as far as I am aware there has never been a case taken to court?

It's certainly not a criminal offence (unlike avoiding Child Maintenance payments) but have courts really ordered a parent to financially support their adult children? Scary.

purpleroses · 15/12/2014 17:39

SoontobeSix - what legal obligation is there to support a student child? There's none. They may assess what loan they get on your family's finances, but there's no legal obligation on you to give them any money at all.

Some students have families who say they can't afford to top up, or don't approve of the course they're studyign and they just have to manage. They can't take their parents to court to get the money off them.

PeruvianFoodLover · 15/12/2014 17:42

The DCs whose RP is well off but NRP is poor are hard done by by the government though - as they won't get the full grant or loan.

It can be resolved by the student choosing to use the address of the lower earning parent - my DH was given exactly that advice when his DD was entitled to an accomodation bursary; the college advised that if DD used our address, she'd get a full bursary.
Unfortunately, her mum terrorised her into changing her address back, so both she, and her mums household, are far worse off than they need be. But at least DHs DD is still at College.

StarOnTheTree · 15/12/2014 18:00

I'm a low income RP and DD1 is off to uni next year. She'll get the maximum grant but if I can scrape together £10 a week to give her to go towards her food bill whilst at uni then I will because every bit helps. If my ex would contribute anything at all (directly to her of course) then we'd be very happy. Unlikely though!

And of course she'll be home in the hols, always with me, not her dad.

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