Under Section 1 of the Family Law (Scotland) Act 1985, certain people in Scotland have a legal duty to provide financial support – known as aliment – to close family members who need it.
At XK Family Law Solicitors, we help individuals and families understand their legal rights and obligations when it comes to supporting a spouse, civil partner, or children.
Who Has a Legal Duty to Pay Aliment?
According to Section 1, you are legally required to financially support (if you can afford it):
Your spouse or civil partner
Even if you’re living apart but still legally married or in a civil partnership, you may have to provide support.
Your children
This includes:
- Children under 18.
- Children over 18 who are still in education or training.
- Stepchildren or adopted children you’ve accepted responsibility for.
Both parents are responsible for contributing to the child’s needs, based on their financial resources.
How Does the Court Decide Who Pays and How Much?
The court will consider:
- Your income and resources.
- The needs of the person claiming support.
- The standard of living during the relationship.
- What is fair and reasonable in the circumstances.
Support is not automatic – it’s based on what is affordable and necessary. The goal is to make sure no one is left in financial hardship, especially children.
Can Aliment Be Agreed Without Court?
Yes. In many cases, family members agree on financial support privately. But if that’s not possible, or if the agreement isn’t being followed, the court can step in and make an order to enforce the duty. Remember, you can only claim aliment from the date of an agreement or from the date you raise an action for aliment.
At XK Family Law Solicitors, we help clients negotiate fair aliment agreements and can make an application to the courts if required.
What If Someone Refuses to Pay?
If someone who is legally responsible refuses to pay aliment, the person in need can apply to court. The court may:
- Make an aliment order.
- Enforce it through wage arrestments or other legal means.
Need Advice on Aliment or Financial Support?
At XK Solicitors, we regularly advise clients across Aberdeen and Scotland on:
- Claiming aliment.
- Negotiating fair agreements.
- Defending or responding to claims for financial support.
Ready to discuss your case?
Email XK Family Law Solicitors in Aberdeen at:
info@xksolicitors.co.uk
Our website articles are not legal advice. We accept no responsibility for use of this information.
For advice on your specific circumstances, contact XK Family Law Solicitors Aberdeen directly.