Parents’ financial obligations to their children do not necessarily end at age 18 or on the last day of school. It’s possible for children to claim financial support for many years beyond that.
It’s the time of year where secondary school pupils across Scotland are making decisions about their university, college or training choices, and the financial implications.
Parents too may be considering the financial aspects of their children leaving school, and may think their obligations to support them are over. However, they should be aware their ‘aliment’ obligations (ie, their obligations to support their child financially) may extend to the age of 25.
The extension applies where the child stays in appropriate training or education, and will depend on factors such as:
- the parents’ resources
- the child’s reasonable level of expenditure and whether they could or should top up their income with, say, a part-time job.
An amicable resolution
Few children will want to start their time at university with a legal claim against a parent. But then again, few want to be diverted from their career goals by a lack of financial support from parents who have the resources to help them.
As with most family law situations, court should always be the last resort. It’s almost always constructive (and cheaper) to agree a solution through solicitors or mediators who understand the options.
In the meantime, we wish you and your families good luck with your post-school choices and summer exams!
Who makes an aliment claim?
Claims for financial support post-school follow a different route to claims for child maintenance.
The Child Maintenance Service (CMS) can deal with child maintenance until a child leaves secondary education or reaches the age of 20, whichever is earlier. In practice, it is usually parents who go to the CMS, though it is possible for children from the age of 12 to apply for a child maintenance assessment.
For children who want their parents to support them through higher education or training, the process is different. From 18 upwards, they cannot rely on a parent to make a claim for aliment, but must claim themselves - against either or both parents. To do so, they must go to court rather than the CMS.
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