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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11563
Experience:  30 years as a practising solicitor.
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I have been separated for six years and have a legal separation

Resolved Question:

I have been separated for six years and have a legal separation agreement although I'm planning to apply for a divorce soon. Part of the legal separation agreement involved me paying maintenance to my wife for my children. My son is 18 and in full-time education and my daughter is 21 and now out of full time education for almost a year, however I still pay maintenance for her through my own choice and for the time being. What I wanted to know was when I apply for a divorce, can I opt to pay the maintenance for my son direct to him rather than to my wife?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The divorce doesn't matter in this context. As your son is over 18 and in full time education, section 1 of the Family Law (Scotland) Act 1985 says that you should be paying him directly now.

I hope this helps. Please leave a positive response so that I am credited for my time.
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