Following the breakdown of a relationship or following a separation, your mind is likely to turn to your child’s living expenses and how they are going to be supported.
One aspect of these costs which is often overlooked is education costs although they apply to almost all children of separating parents.
It is important that you and your former partner understand the obligations you have towards your child and their education in particular.
The legal framework – Child Support Act 1991
Child maintenance is the system through which both parents pay their child’s living expenses when one parent does not live with the child.
The Child Support Act 1991 is the cornerstone for child maintenance obligations.
It established initially the Child Support Agency and more recently, the Child Maintenance Service (CMS), which is responsible for ensuring that non-residential parents contribute financially to their child’s upbringing.
The CMS uses a specific formula to calculate the amount of child maintenance payable, taking into account the non-residential parent’s income, the number of children in their family, and how much time the parent spends overnight with the child along with other relevant factors.
Statutory obligations for child maintenance
The obligation to pay child maintenance generally continues until the child turns 16 or up to age 20 if they are in approved full-time education or training.
Failure to comply with these obligations can result in enforcement actions, including deductions from earnings, benefit reductions or legal proceedings.
Educational costs
Day-to-day educational expenses
The legal presumption is that day-to-day educational expenses such as uniforms, stationery, and lunch money are covered by the child maintenance payments as assessed under the Child Support Act.
The parent with care of the child on a day-to-day basis uses the child maintenance payments to manage these costs.
School trips and extracurricular activities
The costs associated with school trips and extracurricular activities are not explicitly covered by statutory child maintenance payments.
These are considered ‘special expenses’ and usually require a separate agreement between parents.
In some cases, a Specific Issue Order may be sought from the family court to resolve disagreements.
You may also agree informally through mediation to cover certain costs between yourself and your former partner.
Private education and tuition fees
If a child attends a private school, the tuition fees are generally not included in the standard child maintenance calculations by the CMS.
Both parents should ideally enter into a binding agreement to outline who is responsible for these additional costs.
Failure to reach an agreement may mean an application to the court can be made for the issue to be resolved.
Higher education
The statutory obligation for child maintenance ceases when the child enters higher education, even if they are under the age of 20. Unless parents have the financial ability to assist with the costs of higher education, courts frequently take the view that ‘children’ over 18 are adult and can make use of student loans etc to fund their higher education.
A separation will inevitably cause a number of things for parents to think about, and it is important that the legal position of child maintenance and education costs are fully understood.
Our expert legal team can provide advice tailored to your specific circumstances, so please contact our Head of Family and Relationships, Alison Green by calling 0207 240 0521 or emailing alison.green@mackrell.com
