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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12195
Experience:  30 years as a practising solicitor.
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I have been separated for six years and have a legal separation

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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?
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.

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