Last updated on March 7th, 2017 at 12:02 pm

Full time education and maintenance payments

Such a parent may or may not be surprised to find that their child maintenance payments suddenly stop. Payments usually cover full-time education, but what does this mean?  There is unfortunately much ambiguity over when child maintenance orders terminate and inconsistencies with legal drafting. Orders used to say ‘until a child reaches the age of 17 or completes his or her full-time education or training, whichever is the later or further order’. That was when children could finish education after GCSEs at aged 16 and go straight into work. These days, there is a requirement to continue in full-time education or training until aged 18, whether this be ‘A’ levels at sixth form or tertiary college or BTEC/NVQs. I think we can all agree that these children remain fully dependant on their parents during this period of extra studies.

Gap years and re-sits

But what about taking a gap year after ‘A’ levels and before university?  And what if your child doesn’t quite get the grades he or she needs to secure their college place this year and they defer a year for re-sits? A client recently approached me with this very scenario where his daughter had been poorly and postponed some exams. His court order required the payment of ongoing child maintenance until his daughter completed her full-time secondary education.  So we know this won’t extend to under-graduate degree studies. According to government websites, full-time education means ‘more than an average of 12 hours per week supervised study or course-related work experience’.  So my client’s legal obligation to his daughter will continue – for now.

Well drafted orders avoid litigation

These days, with more children heading to university than ever, lawyers tend to explore the different scenarios and options with clients in more detail, and a well drafted order can avoid litigating ambiguities or different interpretations at a later date. The law, at best, only looks to parents to support their offspring in completing a first undergraduate degree course, so those staying in academia to complete masters or post-doctorates thereafter will most likely find themselves self-financing.

Parents usually prefer to revisit the type of support and how it is paid during university, especially where the child is living away from home in another town or city.

What happens beyond ‘A’ levels?

Whilst at school, the paying parent makes provision direct to the other parent in recognition of the daily cost of providing the child with a primary home, clothes, food, etc.  Beyond ‘A’ levels, parents usually look to contribute something towards accommodation costs (with course fees covered by student loans). Unless parents are particularly wealthy and can afford to cover living expenses too, many students look to secure part-time jobs such as bar or shop work, to help make ends meet.

If you’re unsure of your child maintenance responsibilities, contact us now and make an appointment to meet with one of our family law experts who will be able to help ensure that your arrangements meet your own personal circumstances.

You can find out more about child maintenance on our web pages.