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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10294
Experience:  30 years as a practising solicitor.
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HII am divorced and have no contact with my three children

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I am divorced and have no contact with my three children (through parental alienation, but that is a separate issue). I pay voluntary maintenance two youngest (as calculated by the CSA - I went to them to avoid conflict). My son (21) is at university (in Scotland) and I have been paying an agreed £450 per month living and university expenses. However, he has a trust account to the value of £42,000 or so which is now being transferred into his name as the other two trustees (my ex wife and her brother) have agreed to this, which is fine by me. I believe that parental support is due during further education but the law takes into account the personal resources of the child. Would I be able to stop making the payment of £450 per month? I have avoided changing this situation up until now in the hope of short term reconciliation but that does not seem possible due to the actions of my ex wife.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you question.
You are correct. A parent has to pay maintenance child while the child is reasonably and appropriately undergoing a course of education or training. That applies between the ages of 18 and 25.
How much maintenance is due to be paid depends upon the needs and resources of the child and parent. If the child comes in to a lot of money that is an argument that the parent's liability should be reduced or ceased completely.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited time.
Customer: replied 1 year ago.

Is the sum of money which my son now has at his disposal sufficient to stop paying parental support. It was agreed that his costs would be £900 per month split between my ex wife and I. He has approximately 18 months to go at university. The £42000 is more than enough to cover this. My ex wife has been vindictive and resolute in extracting as much money as possible from me and may well resort to legal process on my son's behalf. However the £450 per month is a significant dent in my finances and I am trying to balance the risk of stopping paying against the costs of defending a legal action. Please can you advise on the balance of risk here.

Many thanks

Expert:  JGM replied 1 year ago.
I think it is. There has to be a balance of needs and resources and at the moment whilst your son has a need, he also has his own resources which fom what you say exceed that of your own.
He would have to take you to court, not your ex wife and I don't think that he would be successful. He wouldn't get legal aid either if he has money in th bank of that level.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10294
Experience: 30 years as a practising solicitor.
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