Hi ,hope someone can help. My son is 20 in December and is about to start his 3rd year at college doing an HND in drama I have payed quite happily up until now on a monthly basis although his reluctance to find a part time job has irritated me . Recently I discussed him finding work and he point blank refused to look for work so I told him it was time he took some responsibility for his own finance by taking the student loan to support himself through this year at college. He stays at home with my ex wife and I feel that the student loan is more than enough to keep him and could be topped up with part time work for a bonus. I have told him I would still help with any shortfall but don't see that there should be any this year but should he go onto university next year I will be happy to reasses and help where I can. I am now being threatened with legal action and feeling very pressured into given inn to his demands for ease. I feel I am helping him stand on his own two feet but obviously his mother disagrees and wants me to keep paying until he is 25 , how do I stand legally and can I force the student loan position.
Yours hopefully
Hi There,
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Legally you would continue to pay until your son reaches 20, (unsure whether this includes his 20th year) if he is in full time college education, if you have a family based agreement and haven't gone through CSA or CMS, then you could stop paying and let your ex wife open a case with CMS and they would assess the circumstances and award her money from you if he is still within the threshold. Maintenance and child benifit goes pretty much hand in hand and CMS would firstly check to see if child benifit is still being paid, if it is then you would be liable to continue paying maintenance.
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GTTS
my son is in advanced study so does not come under the cms . its a bit of a grey area because the law in Scotland states you must support up until 25 but the child must also help to support themselves , need a legal opinion on this .