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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13484
Experience:  30 years as a practising solicitor.
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I have been divorced 1 and a fall year now. We have two

Customer Question

Hi, I have been divorced 1 and a fall year now. We have two children (age 22 and 19) who mainly reminded staying in the marital hous we had lived as a family. I moved out, my husband paid off my part and stayed in the house. Since the divorce my children stayed with me many times, they come and go between their two homes, as they feel. Sometimes they stay with me for weeks, then go back to their father's.
My ex has a very good income (£5000-6000/month) while I have less than £1000/month. When my children are staying with me I pay for everything he never helped in any ways.
6 weeks ago my 19 year old decided to move in with me permanently. Which I'm very happy with, however it means I will be leaking care of him everyday basis. He is in full education in college. Now I'm wondering if I can apply for child maintenance from the father. My concern is his age because he is going to be 20 at the end of year.
Thank you,
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
Because your son is over 18, you can't apply for child maintenance for him; he is too old and is not a child.
However, in terms of section 1 of the Family Law (Scotland) Act 1985 your son has a direct claim for maintenance from his father. He can ask him to pay maintenance during his course and any further training reasonably undertaken until the age of 25. If the father refuses, the unfortunate consequence is that your son would have to take him to court for an order for ailment.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.