Exam results in Scotland are out and now proud parents and excited students are assessing arrangements for further education.

Parents and young people with trollies of provisions are considering the cost of being a student. However, the financial issues can often become more concentrated in a case where the parents of a young person are separated. Here are answers to some of the most common questions in situations such as these.

Am I obliged to support my child through further education?

Maintaining the young person as a child may have been dealt with through the Child Maintenance Service, or by an agreement between the parents.

It is important to note that the Family Law (Scotland) Act 1985 provides a continuing obligation of aliment (maintenance) by a father or mother to his or her child.

For this, a child is regarded as a person under the age of 18 years, or “over that age and under the age of 25 years who is reasonably and appropriately undergoing instruction at an educational establishment or training for employment or for a trade, profession or vocation”.

How much aliment should I pay?

Unlike the Child Maintenance Service for children, there is no set formula to calculate the obligation of aliment for a young person in further education or training.

The obligation is to provide such support as is reasonable in the circumstances. Various factors require to be taken into account, including the needs and resources of the parties, their earning capacities and generally all the circumstances of the case.

Where a young person is still living with one of the parents, it may be said that the parent is meeting the obligation to maintain the young person by providing accommodation.

The amount of financial contribution depends on circumstances like accommodation and living costs, travel, books and social costs. Any income of the young person, whether by way of a small job, student loan or bursary, is also taken into account, in addition to the parents’ financial circumstances.

How do we agree on how much will be paid?

Important advice to anyone attempting to assess these circumstances, parent or young person, is to take a reasonable view.

Ideally, agreement can be achieved by communication within the family, but if further input is required, mediation can be attempted through a mediation organisation or a solicitor, which provides assistance with discussion to reach an agreed settlement.

Alternatively, a solicitor can be instructed to enter negotiations through correspondence, and BTO’s family team would be happy to help.

In the event of there being an unreasonable refusal of support by one or both parents, the young person could consider raising court proceedings. They may be able to apply for Legal Aid.

Progressing to university or training for a vocation or trade is an important stage. Ideally it is a transition to be made without financial tension.