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maintenence for disabled adults

  • soulruler
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13 Sep 12 #355651 by soulruler
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I wonder if anyone can help with this.

I have an adult disabled child. At a final hearing i asked for a maintenence to be ordered by the court partly for spousal maintenence as my income was significantly lower than his but partly for our disabled child (who is now 20) and the house was awarded to me partly by his consent (ex-s) and partly in recognition of the needs of the disableds long term housing needs.

In just 10 months time my son leaves further education and at which point I will become a full time 7 day a week carer (1 day a week on direct care package with a care provider).

The situation is that my ex still owns half the house but has not made any contribution at all to the interest or capital payments and has now received the account to repay the total debt (which I have been paying solely both capital and interest now for 4 years).

I did my best to stop this happening producing the mortgage agreement that we would not assign or gift the repayment vehicle and hold it until the debt was due to be repaid.

I have a final hearing order with a £1 nominal maintence any idea anyone how I can pursue this?

Bit tricky as this case has left the family courts.

  • NoWhereToTurnl
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13 Sep 12 #355656 by NoWhereToTurnl
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Hi soulruler,

Are you employed at the moment and will have to terminate your employment when you become your childs full time carer?

What is the mental age of your child?

I presume you are claiming all benefits, eg attendance allowance, DLA ect.

With a £1 nominal SM order you could apply for variation.

www.thomasmore.co.uk/ImageLibrary/Capital%20City%20Notes.pdf

Best wishes,
NWTT.

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13 Sep 12 #355659 by soulruler
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I am self employed and have been all my life. I lost my main employment when my ex and I separated as he cut me out of both the marital businessess leaving me with a very small business which I run from home - so that I can be there for the children - been in the house for 14 years much of that when husband was working away - hence my self employment as I was the carer on a daily basis and he worked away on contracts for 12 months a year just coming home on Saturday/sunday nights.

My income is tiny don''t even pay tax but my debts are huge as I am totally liable for all the bills, the mortgage (recently defaulted on that).

When son leaves education it will be no different as I will not be able to go out of the house to get employment rather than staying self employed.

Will have a look at the link. Son was 15 when ex left the home and now he is 20 - he is in 4 days a week education at the moment.

He gets DLA at the middle rate and the lower rate for the two components mobility and personal care.

I do not get attendence allowance (gave that up many years ago) but yes I could I think apply for that but need to get my self assessment back up to date as a result of these proceedings (4 years now 32 appearances in court) I am behind on all sorts.

So much debt it eyewatering.

  • NoWhereToTurnl
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13 Sep 12 #355664 by NoWhereToTurnl
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The reason I asked about your son''s mental age was I wondered if he could claim maintenance in his own right from his father.

So sorry you find yourself in this awful position, you are an amazing mum, I will put my thinking cap on and see if I can think of anything else.
Take care,

NWTT x

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13 Sep 12 #355665 by soulruler
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Well I have read that and think I need to swallow a legal encyclopedia - I think it is less than straight forward and I cannot get legal aid or any lawyer to represent me sadly (not sure why but there you go).

I think alas that it is way to complex for me to try to argue on any of those terms I suppose I can say that I was the astute one financially in our marriage and that I contributed probably more in terms of work and childcare during a 17 year marriage, husband now remarried me not in any relationship and not thinking of one anymore.

I also think unfortunately that as this is all about family and my case is no longer in family (not my choice) that I am not going to be able to pursue an uplift in maintence either for me (in any case ex-s income is significantly reduced due to recession) and although I am looking for the lump sum back to repay our joint mortgage debt not sure that I can do that in the court I am in now.:(

Oh well, interesting and thanks for your help.

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13 Sep 12 #355666 by soulruler
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I tried several years ago to get a family lawyer to represent my disabled son (think he was 17 at the time) but they refused him (think that was wrong as even if I was a bad mum or we were both bad parents the disabled should have rights to be protected in law).

I do have an independent and qualified care assistant who has been a care worker for both children and adults with complex disabilities who has put a statement to court.

I just hope that might hold some weight in the longer term.

  • NoWhereToTurnl
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13 Sep 12 #355671 by NoWhereToTurnl
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Have a look at this, first part is under 18yrs but 2nd part is under 24yrs,

www.justice-for-all.org.uk/dyn/132609693...Lords-Bill-Cttee.pdf

NWTT X

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