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disabled adult/child aspergers syndrome

  • Varinia
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20 Apr 12 #325403 by Varinia
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Hi
Im hoping someone can give me a bit of advice.
I am going through FDR in the next few weeks and my STBX has asked for our child to be considered in settlement.
The child is now 26yrs and living on his own with social benefit even thou he is more than able to hold down full time employment. He was diagnosed with Asperger''s Syndrome at 9/10yrs and attended boarding school and then at the age of 16yrs gained full time employment. (He has even served a prison sentence not so long ago.)

His father receives CARES ALLOWANCE AND DLA PAYMENTS and wants the ADULT/CHILD to be considered in financial settlement.

Would the Judge on the day ask for a reschedule because of lack of evidence that he is not SEVERELY DISABLED as put by his father on his form E?
Is there anything that i can provide and prove on the day that he is not severely disabled?
Just waited long enough to get to the FDR and really want to get things done and dusted if you know what i mean.

many thanks for any info

  • hadenoughnow
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21 Apr 12 #325604 by hadenoughnow
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Varinia

This all sounds very odd. If the child is an adult living independently, why is your stbx receiving allowances for him? Do the payments who up on his bank statements?

I am surprised your stbx has not been asked to provide evidence of the disability and of his role. If he is to make this an important plank of his argument then I think this should be requested in advance of FDR and if it is not forthcoming, the judge on the day can order it ... together with another hearing if necessary.

Have you talked to your son about this? Or to his care team? I would have thought in your son''s situation, he would have someone who is responsible for him within that care team.

Hadenoughnow

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21 Apr 12 #325609 by Varinia
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many thanks for the reply

yes the payments show up on his statement and my stbx has refused to give it to my son. I feel my stbx is trying to pull a fast one and make me out to be some uncaring parent.

My son does not have a care team and is happy and doing well on his own. He has tried to have his DLA paid directly to him but his father is refusing to do so, i have advised my son to talk to his social work team but they cant do anything!

Do you think i should get a witness statement from the social team to some effect that he suffers with aspergers but is more than capable of seeing to his own living and financies?

Im at a loss with this my STBX is trying any trick in the book to stop the FDR going ahead it has taken 3yrs to get to the Nisi stage and still no divorce in sight he is on Legal aid and i am funding my own.

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21 Apr 12 #325615 by hadenoughnow
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Hmmm. Unless he has some sort of power of attorney or other legal status, I am at a loss to know why your son''s DLA is being paid to him if your son is an independent adult. I thought there was a scheme now for people with disabilities to manage their own allowances, pay for care needs etc.

Does your son get the DLA handed on to him or is your stbx keeping it?

If I was you, I would have a good look at the DLA information on direct.gov

www.direct.gov.uk/en/MoneyTaxAndBenefits...edpeople/DG_10018702

and perhaps ring the disability benefits helpline on there for advice.

I cannot really see how your son would be a factor in the financial settlement if he is adequately provided for - ie is housed and has an income even if it is via benefits.

I think you just need to squash this argument by presenting the facts in court ... and don''t waste time and money on it.

Hadenoughnow

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21 Apr 12 #325619 by Varinia
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many thanks will look in to it. to be honest i agree with you hes just wasting time and money.many thanks

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