Article - Divorce – support and financial arrangements for children while they are either in higher education (A Levels) or attend university

Divorce – Child Maintenance and University Financial Support: England & Wales

This Insight summarises the law on (1) child maintenance for children under 18 or in non-advanced education, and (2) financial support once children begin university (advanced education). It also covers how to record arrangements in divorce proceedings.

Case Example:

• Child A: 18, starting university September 2026
• Child B: 17, studying A Levels, expected to attend university at 18

1. CMS Maintenance vs. Court-Ordered University Support

• CMS (Child Maintenance Service): Maintains support for “qualifying children”—under 16, or under 20 and in full-time non-advanced education (e.g., A Levels).
• University Students: CMS maintenance usually stops when a child starts university (classified as advanced education). Ongoing support at this stage typically relies on parental agreement or a Family Court order.

2. For Child B (17, A Levels)

• While Child B remains in full-time non-advanced education, CMS or voluntary maintenance applies.
• CMS maintenance usually ends when non-advanced education ceases or at age 20, whichever comes first.
• Transitional periods (e.g., summer before university) are best addressed by clear agreement.

3. For Child A (18, Entering University) and Both Children During University

• No automatic CMS support at university.
• Court Orders: The court can order financial provision for children over 18 in education or training if justified by the facts.
• Orders may include regular payments or lump sums towards living/education costs.
• Amounts depend on needs, resources, marital standard of living, and fairness.
• Arrangements: Usually agreed between parents, sometimes formalised by consent order. Payments can be made term-only, directly to the student, and may specify uses like rent or books.

4. Key Practical Points

• Student finance depends on parental income, which may differ from court-assessed obligations.
• Agreements should define start/end dates, handling of gap years, and payment recipients.
• If payments go to a parent, specify why (e.g., for rent) to prevent confusion.

5. Summary

• While under 20 and in non-advanced education: CMS governs maintenance.
• At university: CMS stops; no automatic obligation, but courts can order or parents can agree support.

*Disclaimer: For illustration only. Not legal advice. All rights reserved.*

© Z>UK DIVORCE

February 2026