LUMP SUM , Section 15 of the Children Act

I have now started court proceeding for a lump sum in order to top up my mortgage so that I will be able to purchase a house for my son and I. He father has pay off the mortgage to our family home, which was in his sole name a few year ago. I have been unable to gather enough evidence to make a claim under TOT LA for the work which we have done to the house over the last 14 years, so hence applying for lump sum. The value of the house is £220000.
we are not married , but have been living together for 14 years and have a 12 yrs old son.

My question is how does this work? will my ex have to re-mortgage and would I have to pay him back when my son reaches 18.

What normal happen?

For me to purchase a property up to the same value I would need £100000, would the court give this to me ?

I honestly wish I knew. This sort of application is very much of a rara avis and therefore there is little in the way of judicial guidance.
It''s also the sort of case that is frequently cited by those who favour the introduction of some form of relief for cohabitants.
In principle, there does not seem to be any provision for capital orders for a child who has attained his majority and therefore I think you may be looking at some sort of arrangement which will give the child a roof over his head until he is 18, which would of course include the right for you to live there as his primary carer.
So the question '' What normally happens ? '' is a bit difficult to answer because no two cases are ever the same. It''s also hard to answer without knowing something about the means of the partner against whom the order is being sought.
I suppose one possibility could be a Mesher-type order giving you and your son the right to remain in the family home until your son is 18. Another might be a lump sum to enable you to fund a rental deposit and essential furnishings, together perhaps with periodical payments to assist with the rent. He has to pay child support in any event, of course.
But all these possibilities involve an in depth examination of the finances of both parties, so at the moment it''s kinda sorta hard to hazard a guess.
LMM

When courts consider making this kind of order they consider the child''s welfare, the nature of the parents'' relationship, and the present standard of living of the parent with the minority of care. There is a statutory check list where the court is required to have regard to all the circumstances of the case, including the income, earning capacity, property and other financial resources which each parent has or is likely to have in the foreseeable future, the financial needs, obligations and responsibilities which each parent has or is likely to have in the foreseeable future. The financial needs of the child, the income earning capacity and other financial resources of the child, any physical or mental disability of the child and the manner in which a child was being or was expected to be educated or trained are also factors.

The courts have the power to order lump sums are paid absolutely or for the benefit of a child a sum which is used to purchase a property for the child and the parent with the majority of care until the child reaches the age of 18 or completes a first degree. The lump sum then has to be paid back.

Thank you!

Thanks