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Thank you for your question. I am a solicitor In Scotland. Is this maintenance for you or maintenance for children?
Thank you. What ages are they and how many days per annum do they stay with your ex husband? Do you know roughly what he earns on a gross basis? Does he have any other children from any other relationship?
What do each of your children do? I didn’t realise they were that age and that can make a difference from a legal perspective.
The obligation to pay child maintenance has ended in relation to your elder child and any aliment should now be paid directly to her now and during her university career to a maximum of age 25. The same will apply to your younger daughter when she reaches 18. Until then there is grey area although if you are still getting child benefit for her he should be paying child maintenance. Is he still paying for both children?
I think you should leave it as it is because over 18 and in education or training means the maintenance should go to the children directly. See online section 1 of the Family Law (Scotland) Act 1985. I hope that helps. Please leave a positive rating so that I am credited for my time.