Child maintenance duration and age limits MCA 1973 s. 29
MCA 1973 s. 29 sets age limits for child financial orders. Payments generally end by age 18, but can continue for education, training, or special cases.
Subject to subsection (3) below, no financial provision order and no order for a transfer of property under section 24(1)(a) above shall be made in favour of a child who has attained the age of eighteen. The term to be specified in a periodical payments or secured periodical payments order in favour of a child may begin with the date of the making of an application for the order in question or any later date or a date ascertained in accordance with subsection (5) or (6) below but— shall not in the first instance extend beyond the date of the birthday of the child next following his attaining the upper limit of the compulsory school age (construed in accordance with section 8 of the Education Act 1996) unless the court considers that in the circumstances of the case the welfare of the child requires that it should extend to a later date ; and shall not in any event, subject to subsection (3) below, extend beyond the date of the child’s eighteenth birthday. Subsection (1) above, and paragraph (b) of subsection (2), shall not apply in the case of a child, if it appears to the court that— the child is, or will be, or if an order were made without complying with either or both of those provisions would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he is also, or will also be, in gainful employment; or there are special circumstances which justify the making of an order without complying with either or both of those provisions. Any periodical payments order in favour of a child shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order, except in relation to any arrears due under the order on the date of the death. Where— a maintenance calculation (“the current calculation ”) is in force with respect to a child; and an application is made under Part II of this Act for a periodical payments or secured periodical payments order in favour of that child— in accordance with section 8 of the Child Support Act 1991, and before the end of the period of 6 months beginning with the making of the current calculation the term to be specified in any such order made on that application may be expressed to begin on, or at any time after, the earliest permitted date. For the purposes of subsection (5) above, “the earliest permitted date” is whichever is the later of— the date 6 months before the application is made; or the date on which the current calculation took effect or, where successive maintenance calculations have been continuously in force with respect to a child, on which the first of those calculations took effect. Where— a maintenance calculation ceases to have effect ... by or under any provision of the Child Support Act 1991; and an application is made, before the end of the period of 6 months beginning with the relevant date, for a periodical payments or secured periodical payments order in favour of a child with respect to whom that maintenance calculation was in force immediately before it ceased to have effect ..., the term to be specified in any such order made on that application may begin with the date on which that maintenance calculation ceased to have effect ..., or any later date. In subsection (7)(b) above— where the maintenance calculation ceased to have effect, the relevant date is the date on which it so ceased; ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 29 limits when financial provision orders and property transfer orders under section 24(1)(a) can be made in favour of a child, and how long periodical payments last. As a general rule, no such order may be made for a child who has reached eighteen. Periodical payments initially end no later than the child's birthday following compulsory school age, or at age eighteen.
These age limits do not apply if the child is or will be receiving instruction at an educational establishment or undergoing vocational training, or if there are special circumstances justifying the order. Periodical payments terminate automatically upon the death of the paying parent, except for arrears owed up to that date.
Where a maintenance calculation under the Child Support Act 1991 is or was in force, the section provides specific rules allowing the order's term to begin up to 6 months prior to the application in defined scenarios.
When it applies
- A parent seeking continuing periodical payments for a child who has reached eighteen because the child is attending university or vocational training.
- A court establishing the termination date of child periodical payments at the child's birthday following compulsory school age.
- A recipient claiming arrears after the paying parent dies, where ongoing periodical payments terminate on death.
- Backdating a court order term up to 6 months after a maintenance calculation took effect under the Child Support Act 1991.
What this section does not say
- Financial provision orders for a spouse or civil partner, which are governed by section 28.
- The statutory principles and factors used to determine the financial amount awarded to a child, found in section 25.
- Applications to vary or discharge an existing financial order, which fall under section 31.
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This page reproduces the text of MCA 1973 s. 29 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.