By Katie McCann, Barrister and Managing Partner of Lowry Legal, based in Manchester, England.
Do paying parents need to pay child maintenance whilst dependents are at university? When a child reaches this later stage of education, the standard Child Maintenance Service (CMS) arrangement usually stops. That’s the to-the-point answer, and for many divorced parents, it catches them off guard.
With a three-year degree in England costing almost £30,000 in fees before accommodation and living costs are even considered, the financial stakes at this stage are higher than ever. For families where one parent has significant wealth, university can trigger another set of obligations that the CMS has no power to make, and only a court can enforce.
Understanding the distinction matters, because the gap between what the CMS covers and what a child actually needs at university can be huge.
When Does Child Maintenance Stop?
CMS-assessed child maintenance ends when a child turns 16, or 20 if they remain in full-time non-advanced education; typically A-levels or equivalent qualifications.
University does not count. The moment a child leaves sixth form and starts a degree, the CMS obligation ends, regardless of whether either parent agreed to ongoing support in the original divorce settlement.
If you have a court order or consent order in place that includes child maintenance, the terms of that order govern when payments stop. Many orders mirror the CMS position and end at 18 or the completion of A-levels. Some go further, but only if that was explicitly agreed and documented at the time.
If your order is silent on the subject of university, or you’re not sure what it says, take advice before assuming either way.
Does the CMS Cover University Costs?
No, once a child is at university, the CMS has no jurisdiction over finances. There is no mechanism to make or enforce a child maintenance claim through the CMS for a student in higher education.
Student loans, maintenance loans, and parental contributions through the student finance system are completely separate from child maintenance payments. Instead, they’re means-tested against parental income, and that process is handled by Student Finance England, not the family court or the CMS.
Effectively, this means there is no legal obligation on a non-resident parent to contribute.
In short: when university starts, the CMS framework ends. What replaces it (if anything) depends on what you agreed at the point of divorce, or what the court can be asked to order.
What if We Didn’t Make an Agreement About Child Maintenance at University?
This is where many families find themselves in difficulty, but especially when one parent has significantly more money than the other.
If nothing was agreed about university financial support at the time of the divorce, the receiving parent has two options:
- Negotiate directly with your former spouse for extra financial support.
- Make a Schedule 1 application and/or top up to the family court.
A Schedule 1 Children Act 1989 application allows the court to make financial orders for the benefit of a child outside of the CMS framework. For university-age children, this can include:
- A ‘periodic payments order’ to cover living costs during term time.
- A ‘lump sum order’ for specific costs, including accommodation deposits, equipment, and course materials.
- Contributions toward tuition fees, where the court considers it appropriate given the paying parent’s means.
Crucially, schedule 1 applications are not just intended for young children. The court retains jurisdiction to make orders for children in full-time education, which includes university. In high net worth relationships, where one parent’s wealth is substantially greater than the other’s, these applications can make a massive difference.
The paying parent’s financial position is central to the outcome here. A Schedule 1 order won’t be made simply because a child is at university. It is reserved for situations where there is a clear disparity in means, a history of private education, or an expectation that the child’s standard of living should be maintained. The court will take everything into account.
For more on how the CMS cap affects high earners, and what lies beyond it, see our guide to child maintenance for high earners.
As a Receiving Parent, What Can You Do?
If your ex has significant wealth and your child is heading to university without any agreed financial support in place, a Schedule 1 application is worth taking seriously.
The process is not quick, but in the right circumstances, the outcome can be significant. In my experience, courts do order wealthy non-resident parents to fund accommodation, living costs, and in some cases, tuition. This mainly happens when the financial disparity between the parents justifies it and the child’s educational trajectory makes it reasonable.
Before applying, it’s worth attempting to negotiate directly, go to mediation, or discuss through correspondence with solicitors. Many of these cases settle without a final hearing once the other side understands that a court application is the alternative.
An application also concentrates minds, as the paying parent will need to provide full financial disclosure, which can itself change the dynamic of negotiations.
If you already have a court order that ends at 18 and your child is now heading to university, you may be able to apply to vary that order to extend or adjust the provision. See our guide to varying child maintenance orders for more detail on that process.
Where spousal maintenance is also in payment, the interaction between the two can be complex. Our guide to spousal support calculations covers this if both are features of your circumstances.
Do I Still Have to Pay Child Maintenance If My Child Goes to University?
If your CMS assessment ends when your child starts university, and there’s nothing in your court order requiring you to contribute beyond that point, you have no automatic legal obligation to fund university costs.
That said, two things are worth bearing in mind.
- If you were paying above the CMS cap through a court order, check the precise terms. Orders that refer to “full-time education” without actually defining it may be interpreted more broadly than you expect.
- A Schedule 1 application from the other side remains possible even after your CMS liability ends, and particularly if there’s a significant gap in your respective incomes. If that’s a realistic prospect, taking legal advice before your child reaches university age gives you more options than reacting once an application has been issued.
If your income has changed since the original order was made, whether up or down, that may also be relevant. See our guide to varying child maintenance orders for more on the process.
For the self-employed or entrepreneurs, how your income is assessed in any future proceedings makes a difference. Our guide to child maintenance for business owners covers this in detail.
Where younger children are still in private education and school fees are also in dispute, our guide to divorce and school fees covers that separately.
FAQs: Child Maintenance at University
Can my child make a Schedule 1 application themselves?
Once a child is 18, they can apply in their own right under Schedule 1 of the Children Act 1989. In practice this is fairly uncommon, but it is a legitimate route where a parent refuses to contribute and the financial disparity is significant.
What if my ex agrees to contribute but then stops paying?
A voluntary agreement isn’t enforceable unless it’s been made into a court order. If your ex has agreed to contribute to university costs informally, formalising that as a consent order is strongly advisable. Without it, enforcement is extremely difficult.
Does where my child lives during term time affect anything?
Not in terms of the Schedule 1 framework, though it may be relevant to any ongoing court order that references the child living with a particular parent. If your child is living away during term, take advice on whether any existing order needs updating.
Get Advice Before University — Not After
The window between A-level results and the start of term is not the right time to start untangling financial arrangements. If your child is studying for their A-Levels and university costs haven’t yet been addressed in your divorce settlement, now is the best time to act.
Lowry Legal advises families across England and Wales on child financial provision, Schedule 1 applications, and varying existing orders.
Contact us today for a no-obligation chat about your situation.
This article is intended as general guidance on child maintenance & university only, and does not constitute legal advice. Family law rules can change, and every case is different. Always seek specialist legal advice for your specific situation.
