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Maintenance for a disabled child

  • JELLYFLOP
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28 Mar 16 #476088 by JELLYFLOP
Topic started by JELLYFLOP
Hi All
I''m looking for help regarding maintenance for my son. My Ex and I have basically agreed on the terms of our Consent Order (lump sum/pensions etc). However, we have a severely disabled son who is approaching 16.He''ll need lifetime care and will never be independent. CMS is in payment (voluntarily) and we have agreed to maintenance for life for my Son. The consent order is being prepared re the house etc and I was under the impression that we can have the maintenance in there too to say it''s payable for life put into that (or at least to continue once CMS stops). My Ex is saying that it can''t; that CMS will stay in force until my son reaches 19/20yrs and then I have to make a separate application to the court for payments from there. Everything I read says that the court still has powers to order maintenance in these sort of circumstances and surely it''s better to put it in place now as we are agreed. I''d like everything in writing now, and it''s the costs and hassle of applying to court again! I''ve self repped on it all so far and I''ve had enough! I just want financial security for my Son. Can anyone help please!

  • LittleMrMike
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29 Mar 16 #476116 by LittleMrMike
Reply from LittleMrMike
I think it is arguable that section 8(8) of the Child Support Act 1991
gives the Court the power to order payments to a disabled child.

I assume you are getting Disability Living allowance.

LMM

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