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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11132
Experience:  30 years as a practising solicitor.
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Our eldest son reached 18 in March this year and will finish

Resolved Question:

Our eldest son reached 18 in March this year and will finish 6th year studies in May/June this year. He intends starting University in September. I am the non-resident parent paying maintenance for him (and his younger brother) to my ex-spouse. My intention is to cease making maintenance payments to my ex-spouse for our eldest son and reach an agreement with him directly which will support him now and through University. My underestanding is that this is allowable and accpetable in law.
Our separation agreement states that maintenance shall be paid until the child reaches the age of 18 years or until the child is earning a living and thereore I interpret my intention to be consistent with this condition.
Submitted: 3 years ago.
Category: Scots Law
Expert:  clairep80 replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was the Separation Agreement turned into a Court Order and sealed by the court?
Clare
Customer: replied 3 years ago.

Yes.


 

Expert:  clairep80 replied 3 years ago.
Hi
What is the exact wording of the Order with regard to when payment stops?
Clare
Customer: replied 3 years ago.


This is the exact wording,



Mr x will pay to Mrs x the sum of x POUNDS (£xxx.00) STERLING per calendar month per child as aliment for the maintenance of xx and xx while the respective children continue to have their main place of residence with Mrs x, said payments to continue for each said child until he attains the age of eighteen years or is able to earn a livlihood.

Expert:  clairep80 replied 3 years ago.
HI
Right so it is a Scottish Order.
Whilst I am reasonably certain I know the answer I do not think it appropriate when I have very good colleagues in Scots Law who will be CERTAIN
I shall opt out and transfer you for certainty - please be patient
Clare
Expert:  JGM replied 3 years ago.
Thank you for your question.

Clare was good enough to pass this to me. I am a solicitor in Scotland.

The law is contained in section 1 of the Family Law (Scotland) Act 1985 which you can look at online if you want.

What it says is that parents have a duty to maintain a child between the ages of 18 and 25 where the child is reasonably and appropriately undergoing education or training.

So the idea is that you agree a figure with your son and pay him directly just as you want to do.

The Minute of Agreement is superseded.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11132
Experience: 30 years as a practising solicitor.
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