child maintenance

[Foxyloxy]

My partner is divorced and agreed to pay maintenance to his ex wife for their 2 children until they were both 18. One child is now 21 and the other 18 and he is still paying. He thinks that because they are both either at college or university he still has to pay. Does he have to even though it was originally agreed to pay until both were 18.

[FindLaw_Maya]

Hi Foxyloxy,

Thanks for your post.

Between the ages of 16 and 19, if the child is enrolled full-time in school (more than 12 hours per week and the course is up to and including A level), child maintenance for the child must be paid.

But maintenance does not need to be paid if the child is doing advanced study, like studying at a college or university, this only includes non-advanced study and 'approved' training.

Hope this helps,
-FindLaw Moderation Team

[apollosama]

I actually have the same problem. My wife agreed to give support to her child until the boy reaches 18 years old. But now the boy is 21 years old but still studying and his ex husband demand an extra load of share from her.

[jhonlarson]

he is doing it himself other wise he has the right not to pay.