With tuition fees at an eye-watering level and the cost of living continuing to rise, parents of university students could face annual costs of £14,000 or more to ensure their children maintain a decent standard of living while studying.
With tuition fees at an eye-watering level and the cost of living continuing to rise, parents of university students could face annual costs of £14,000 or more to ensure their children maintain a decent standard of living while studying.
If you have a family law issue and you require legal advice to understand your options, contact specialist family law solicitor Joanne Major. Joanne is the founder of her specialist family law firm and has spent her 25-year legal career specialising in family and matrimonial cases.
As we near the end of exam season, it heralds the beginning of a new university year, which arguably brings with it a financial burden for separated parents that can increase the stress and anxiety of their adult child leaving home. But who pays for their university education, and can a parent be forced to pay or contribute? This article looks at when maintenance stops, and the options when an adult child can claim maintenance from their parent.
When does child maintenance stop?
A typical end point for the payment of child maintenance is when the child reaches the age of 18, or when they complete their secondary education (A-Levels). In respect of the child maintenance Service (CMS), child maintenance paid by one parent to another for the benefit of the child, will cease when a child reaches 16. However, if the child remains in full-time education beyond this, maintenance will be payable until the child completes their secondary education or reaches the age of 20, whichever is sooner.
Are parents required to financially support their child at university?
When a child goes to university, a parent will not be required to pay maintenance to the other parent via the CMS.
It is a common misconception that financial support for a child ends, without exception following the completion of A-Levels. In certain circumstances, a parent can make an application to the court for the other parent to provide financial support for the child whilst they are at university. If a child is over 18 and “receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not they are also, or will also be, in gainful employment, one parent can seek an order from their spouse for provision to be made in a court order to pay toward university fees. However, the application must be made before the child reaches 18.
This may mean that in certain circumstances the child could work full-time as well as studying, and a parent could still be expected to support the child’s education. The court will be required to take into account the various factors discussed below before making an order to pay university fees.
Can a child force their parent to financially support them at university?
In certain circumstances, it is possible for a child to make an application for financial support from one or both parents. This may be necessary if they are not eligible for a student loan, or they are facing a shortfall in their funding. The following application criteria apply:
- The child must have reached the age of 18
- The child must be in education or intend to be in education
- The child’s parents, whilst they do not need to be divorced, must not be living together
- The application can be made against either parent or both, including step-parents
It is possible to apply for a lump sum or maintenance to cover tuition fees, accommodation costs and living expenses.
An adult child is prohibited from bringing an application if immediately before their 16th birthday, there was an existing court order for the payment of maintenance. If the order states that maintenance will end upon the child completing its secondary education, such as A-Levels, but the child intends to progress to university, the child is banned from bringing an application for financial support against a parent. Even though the child is prevented from applying where there was a previous maintenance order, the child’s other parent can apply instead, but this application must be made before the child reaches 18.
Essentially, if you are divorcing and have a child that is shortly due to attend university and are lucky enough to have funds to support your child, when divorce proceedings begin you may have to factor in a contribution to your child as well as a spouse.
What does the court take into account when making a decision?
The claim is covered by Schedule 1 of the Children Act 1989, and there are very similar factors the court must take into account as that of dealing with finances on divorce. The court must have regard to all the circumstances of each individual case, including:
- The income, earning capacity, property and other financial resources which each person has or is likely to have in the foreseeable future
- The financial needs, obligations and responsibilities, which each person has or is likely to have in the foreseeable future
- The financial needs of the child
- The income, earning capacity (if any), property and other financial resources of the child
- Any physical or mental disability of the child
- The manner in which the child was being, or was expected to be, educated or trained
How can a parent support their child through university?
Money anxiety can take a huge toll on a student’s wellbeing, mental health, and academic performance. More than half of students who had considered dropping out of their studies cited money difficulties as the main reason. As a parent, this can be troubling and the prospect of supporting your child through university may feel like a huge mountain to climb.
If you are concerned about how you can help your child finance their time at university, here are some suggestions:
- Student loans – this is separated into two parts, namely the tuition fee loan which covers the cost of the university course and the maintenance loan which helps cover the costs of living, such as rent, and other expenses. The maintenance loan is means tested and depends on your household income, whilst the tuition fee is not, and is paid to any UK student who is eligible for a full tuition loan regardless of their parents income
- Disabled students’ allowance – if your child has a disability, they can apply for this allowance which helps with study related costs of ongoing health difficulties. This does not have to be repaid.
Grants, bursaries, and scholarships – these funds come with eligibility criteria or depend on the child’s course and university.
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