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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9983
Experience:  30 years as a practising solicitor.
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Aliment payments for children.

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I have been divorced from my wife for 20 years now. Both children live with her. Her aliment has long since expired (as per divorce settlement). For my daughter (now 21) who studies full time and works part-time, I pay aliment. My son is 24, left school, jobbed a little, lost 3 trainee positions and since last year went back to college to to a pre-course in IT. He wants to do a HNC next year. He has had nothing from me since he started work at 19. Have I got it all wrong and should be paying him? Just for the record, they are in Aberdeen and I live in Austria. Many thanks.

ps. Just for the books, I have always paid and more than was agreed on!

Thank you for your question.

In terms of section 1 of the Family Law (Scotland) Act 2006 you have to support your son if he is:

"over the age of 18 and under the age of 25 years and is reasonably and appropriately
undergoing instruction at an educational establishment, or training for employment or for
a trade, profession or vocation".

As he will presumably be over 25 when he starts the HNC you have no legal duty to support him and any support given would be entirely voluntary on your part.

I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 3 years ago.

Thank you for your reply. I was pretty sure that I was okay but Scottish law is a bit different to any other. I would not like to do him out of anything legally his but he must also get a grip on life.


Thanks again.