As a child approaches adulthood, many parents begin to question whether they are still legally required to pay child maintenance. It’s a common assumption that payments automatically stop when a child turns 18, but the reality is slightly more nuanced. In the UK, whether child maintenance continues after 18 depends on how the maintenance is arranged and what the child is doing at that stage of their life.
In this article, we explain when child maintenance usually ends, the situations where payments may continue and what steps to take if you are unsure of your obligations. You’ll also find out how to access a free 30 minute consultation with a solicitor for advice tailored to your circumstances.
When does child maintenance normally stop?
For most families, child maintenance is handled through the Child Maintenance Service. Under these rules, maintenance usually ends when a child turns 16. However, payments can continue up to the age of 20 if the child remains in approved education or training.
Approved education generally means full time, non advanced education. This includes courses such as A levels, T levels and NVQs up to Level 3. If a child leaves education at 16 but later returns to an approved course before turning 20, maintenance may resume.
If a child starts paid employment or enters certain types of training, maintenance may stop earlier. Each case depends on the specific circumstances, so it’s important to check the details carefully before making any changes.
What doesn’t count as approved education?
It’s important to understand that not all forms of education extend child maintenance liability. University degrees and other forms of higher education don’t count as approved education under the Child Maintenance Service rules. This means that once a child goes to university, CMS based child maintenance usually comes to an end.
Similarly, if a child undertakes an apprenticeship where they are employed and paid, this will usually bring child maintenance to an end. Some training schemes may still qualify, but this depends on the structure of the programme and whether the child is receiving a wage.
What if there is a court order in place?
Not all child maintenance arrangements are dealt with through the Child Maintenance Service. In some cases, particularly older agreements, child maintenance is set out in a court order or consent order.
Where a court order exists, the terms of that order are crucial. Some orders specify that maintenance will continue beyond 18, for example until the child finishes secondary education or reaches a certain age. In these situations, the obligation doesn’t automatically end on the child’s 18th birthday.
Before stopping payments, it’s essential to check the wording of any existing court order. Stopping maintenance without legal justification could amount to a breach of the order.
What about child maintenance when a child goes to university?
For most parents who pay child maintenance through the Child Maintenance Service, payments usually stop when a child goes to university. This is because higher education doesn’t fall within the definition of approved education for CMS purposes.
However, many parents continue to provide financial support voluntarily while their child is at university. This might include helping with accommodation costs, living expenses or travel. While this support can be agreed informally, it’s not usually enforceable through the Child Maintenance Service.
In some cases, a court may have made specific financial provision for a child beyond 18, particularly where there were private school fees or other agreed costs. These arrangements are fact specific and depend entirely on what the order says.
Are there exceptions to the general rules?
There are some circumstances where financial support may continue beyond the usual age limits. If a child has a disability or additional needs, different benefits or arrangements may apply. This doesn’t automatically mean child maintenance continues in the same way, but it can affect the overall financial picture.
Where there is uncertainty about a child’s education status or training, it’s important to seek clarification before stopping payments. Ending maintenance prematurely can lead to disputes or arrears if it later transpires that the obligation was still in place.
What should you do if you are unsure?
If you are unsure whether you need to continue paying child maintenance after your child turns 18, the first step is to establish how maintenance is being paid. Payments made through the Child Maintenance Service are governed by different rules to those set out in a court order.
it’s also sensible to confirm the child’s education or training status and whether it meets the criteria for approved education. If there is any doubt, taking legal advice can help you avoid mistakes that could have financial consequences.
Making informed decisions about child maintenance
Child maintenance doesn’t always stop automatically at 18 and assumptions can lead to problems if they aren’t checked. Understanding the distinction between CMS arrangements and court ordered maintenance is key.
By taking the time to review your situation and seeking advice where needed, you can make informed decisions and avoid unnecessary disputes. Our child maintenance calculator can be helpful as a starting point.
Please note that this article is for informational purposes only and isn’t a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case specific guidance.
Start with a free 30 minute consultation at our offices or remotely. You can speak to us on a video call or visit our offices. We are based in Harrow, Canary Wharf and Piccadilly Circus. And if you are based in Manchester, our new North based office is close by too. Arrange your consultation by calling 0203 983 5080, emailing [email protected] or using the form below.
