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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12073
Experience:  30 years as a practising solicitor.
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My ex husband pays £114 per week CSA payments to me each month

Customer Question

My ex husband pays £114 per week CSA payments to me each month for our 2 children who live with me. However my daughter is going to Strathclyde university next month. My ex husband has stopped paying CSA for her and has said that he will give her £160 per month. My daughter has tried to speak to her dad explaining that as she will be living in halls with accommodation costing £100 per week that this will not be enough. What rights has my daughter got? She has worked out that she needs around £800 per month for basic costs whilst staying in halls and studying in Glasgow.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Maintenance for a child at university does not follow the CSA formula. It is based on the reasonable needs of the child and the resources of the parents, ie, both parents have to contribute.

So what is a reasonable sum of money may be the accommodation costs from a needs point of view but can the father afford it from a resources point of view?

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Expert:  JGM replied 3 years ago.
You have left a negative rating when your question was answered correctly. What further information do you need?
Customer: replied 3 years ago.
Relist: Answer quality.
Customer: replied 3 years ago.
What rights does my daughter have? Does she contact CSA herself or go through a solicitor?
Expert:  JGM replied 3 years ago.
If your daughter is over 18, she sees a solicitor and can raise an action for aliment against her father should that prove necessary. The obligation to aliment a child between 18 and 25 in full time education and training is created by section 1 of the Family Law (Scotland) Act 1985.

If she is presently under 18 then the CSA still has jurisdiction and in Scotland she can apply directly to the CSA.