Financial Provision For Adult Children – Family and Matrimonial

As university terms start, many parents are thinking about
financial support for children heading into higher education.
Although the statutory child maintenance scheme stops when children
finish A-Levels or equivalent, many separated parents will continue
to provide financial support for children beyond this point.

When parents separate, often the focus of discussions is
immediate financial concerns, such as housing and living expenses.
Particularly when children are young at the point of separation,
financial provision during university may be overlooked.

But it is advisable for separating parents to discuss financial
support for children aged 18 and over as part of overall
discussions about finances. Some issues to consider are:

• should financial support still be paid to a parent or direct to
  a child?




• one parent may have higher costs for housing a child during the
  university holidays. Will that parent continue to receive some
  maintenance (sometimes referred to as a ‘roofing
  allowance’)?




• would setting aside a capital sum for university costs and
  living expenses now, or even setting up a trust fund, be affordable
  and preferable, rather than paying child maintenance for
  longer?




• what about housing needs for children aged 18 or over? If a
  property will be sold once it is no longer required for the
  children, should that be after university?

If separated parents cannot agree about financial support for
children aged 18 or over, a court can decide between paying ongoing
maintenance and/or capital provision. A court can make an order
dealing with financial support for a child aged 18 or over who is
continuing in education or training, or if there are special
circumstances such as a disability, which justify ongoing financial
support from a parent. When considering an application, a court
will take into account relevant factors, including:

• financial resources and needs of the child and parents




• any physical or mental disability of the child




• the manner in which the child was being, or was expected to be,
  educated or trained

A parent can make an application for financial support until the
child turns 18. The child can make an application themselves after
this point.

However, it is important to be aware that if there is a court
order for child maintenance in place when a child turns 16, then
that child will not be able to make an application to court for
financial support at a later stage. So for example, if child
maintenance is payable until the end of secondary education, a
parent must make an application for financial provision to continue
while a child is at university before that child reaches the age of
18.

So as children get older, it is important to consider whether
the right financial support is in place for when university starts,
before it is too late to make an application to court if
necessary.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.