Child Maintenance and University Costs: What Divorcing Parents Need to Know

For those families who are going through a separation or divorce, whilst also in the midst of planning for University, it is vital that University costs, or the potential for such costs, are addressed in financial discussions and negotiations.

Parents with younger children who are separating or divorcing need to also factor in costs of University if there is the remotest possibility that University will be on the cards. 

Although students may receive tuition fee loans and maintenance loans, these could fall short of covering all living costs and parents are often expected to meet the shortfall. If thought is not given to future University costs during financial negotiations on separation or divorce, one parent may unfairly find themselves responsible for all the funding.

Does child maintenance cover costs of University? 

Unfortunately, not. Child maintenance is generally payable until a child is aged 16 or aged 20 if they remain in approved, full time education or training, excluding University education. Once a child reaches University, there is no statutory obligation for a parent to continue to pay child maintenance. 

How can parents ensure University costs are fairly divided? 

When parents are negotiating the division of finances on divorce, they can agree for financial provision to continue during University education. Parents can agree for periodical payments to be paid whilst a child is at University.

Consideration should be given to whether payments are limited to first degree level and/or whether a gap year is included or excluded. An agreement can be incorporated into a financial Consent Order on divorce which, if approved by the court, will be legally binding and enforceable. Without a financial Consent Order on divorce, parties leave themselves open and vulnerable to a future financial claim. 

If University costs were not factored into financial negotiations on divorce and/or there is already a Consent Order, which has not addressed University, there is provision under Schedule 1 of the Children Act 1989 to apply to the court for continued financial provision for children. The court can make an order that one parent pays the other periodic payments (i.e. ongoing maintenance) or a capital lump sum, for the child’s benefit.  

A parent can apply to the court under Schedule 1, before the child is 18. Once the child turns 18, only they themselves can apply for financial provision against their parent under Schedule 1 if they are in, or will be in, education or training.

In deciding whether to make an order for further financial provision against one parent, the court would assess a parties’ income, earning capacity, property, other financial resources, financial needs and obligations, and the child’s financial needs, amongst other factors.

The decision would be focused on meeting the child’s needs and the parties’ ability to provide support rather than just simply seeking an equal division.  

Can a court application be avoided? 

Applying to the court should be considered a last resort, as the costs can be significant, time consuming and stressful.

Priority should be given to negotiating, either directly or via solicitors, attending mediation with a qualified, independent mediator or engaging in other non-court dispute methods such as collaborative law and/or arbitration. These non-court options are voluntary and so if one party is unwilling to cooperate then a court application may be necessary. 

Financial matters on separation or divorce can often be complex and legal guidance should be sought before embarking in negotiations or a court application.

If you are separating or going through divorce and require expert advice, our family law solicitors can provide comprehensive support.

Contact Our Family Law Team