Q&As

Can a parent (in divorce proceedings and before a final order has been made regarding financial matters) apply to the court for a child maintenance order for a child who is over the age of 18 while that child is at university (or intending to go to university), as opposed to only the child being able to make the application? Would a child maintenance cover a first degree and a masters course, if that followed on immediately after the first degree course? Would the child be able to seek maintenance for multiple degree courses?

read titleRead full title
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 05/01/2018

The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can a parent (in divorce proceedings and before a final order has been made regarding financial matters) apply to the court for a child maintenance order for a child who is over the age of 18 while that child is at university (or intending to go to university), as opposed to only the child being able to make the application? Would a child maintenance cover a first degree and a masters course, if that followed on immediately after the first degree course? Would the child be able to seek maintenance for multiple degree courses?

The court has wide powers to adjust the assets of a marriage upon divorce, contained within sections 21–24 of the Matrimonial Causes Act 1973 (MCA 1973). These powers allow the court to order the transfer of property (a property adjustment order); the payment of a lump sum or lump sums; orders in respect of pensions and the payment of maintenance. Additionally, MCA 1973, s 22 allows the court to order payment of maintenance pending suit; that is, maintenance on an interim basis pending pronouncement of decree absolute.

Provision for maintenance for children is limited, due to the provisions of the Child Support Act 1991 (CSA 1991), which put in place a statutory formula for the payment of child maintenance based upon the income of the paying party. Thi

Related documents:

Popular documents