Financial Support For Children – When Does The Obligation End?

Child maintenance and the associated financial support is a key issue in many families, but even more so if the parents are divorced, separated or have never lived together.

Parents sometimes wrongly think that financial support of children stops at the age of 16. This may be because once a child reaches 16, a parent can no longer apply to the court for an order residence or contact with the child. As well as this, Child Benefit comes to an end for children at the age of 16, or when they leave education.

However, parents should be aware that under the law in Scotland the obligation for financial child maintenance can continue up to the age of 25.

Financial support of children

The Child Maintenance Service - a UK government agency - can work out how much child support is due in individual cases and can extend the support beyond the age of 16 and up to the age of 20 if a child is education.

While some parents may reach agreement on child support based on their incomes and outgoings, where the Child Maintenance Service (the CMS) is involved, the calculation is based on gross income less pension and the number of nights the child stays with the 'paying' parent. Other children who live in the 'paying' parent's household are taken into account. The CMS has detailed rules for the calculation of maintenance.

However, as well as this, under the Family Law (Scotland) Act 1985 there is an obligation to provide such financial support for a child as is reasonable in the circumstances (known as 'aliment'). This is particularly relevant where the child goes on to study at college or university after leaving school.

Financial support when children are studying

In Scotland, where a child goes on to study or train after leaving school, under the Family Law (Scotland) Act 1985 their entitlement to receive financial support from their parents (whether living together or not) can extend beyond the age of 18 and up to the age of 25.

The 1985 Act provides that a "child" is someone under the age of 18 or over and under the age of 25. They have to be "reasonably and appropriately undergoing instruction at an educational establishment, or training for employment or for a trade, profession or vocation".

This entitles students to seek financial support from their parents. Sometimes this kind of 'support' takes place through providing board and lodgings for the child if they carry on living at home. However, where the child isn't living at home or where the parents...