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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorce settlement and an autistic child

6 replies

Jennylesson · 30/07/2020 14:32

Hi,
I need some advice please. I am currently going through divorce with my husband of 10 years. We have 3 children age 8,5, and 2) one child is severely autistic. Please can you inform me all the things that should be stated in the divorce settlement. I have been told to consider everything the children will need until they are 18years old. For example access to children, monthly maintenance, holidays, therapies, life insurance, medical cover.
What agreement should I consider for my autistic child. I want to put everything in the agreement and not leave out anything.
Currently, he has only given me a total of £1000 in 6 months. I have considered going to CMS (child maintenance services) but as a contractor he only declares earnings of 25k per annum. I know he earns £450 per day.
Is there any other way to ensure he pays child maintenance consistently apart from through CMS. My solicitor said we can reach an agreement with him but if he defaults on payment then there is nothing I can do. Is this true? Please help!!

OP posts:
millymollymoomoo · 30/07/2020 17:16
  1. go for the most capital you can get if you think he’ll be difficult on child maintenance
  2. go for a global maintenance order so if he messes re child maintenance the total dies t change and can be enforced

Also think about needs beyond 18 if your child is going to struggle to be independent into adulthood

TheSandgroper · 31/07/2020 08:19

Somewhere on this site is a very good list of advice provided to someone asking the same question.

In this list were everything.

  • normal school costs x
  • special school costs y

-transport to normal cost costs x
-transport to special school costs y

-normal after school care costs x

  • special after school care costs y
  • babysitter costs x
  • trained babysitter costs y.
  • holiday clubs cost x
  • respite care costs y

Total costs of medical and therapy appointments as broken down above. Special diet. Special clothes perhaps? Equipment?

I don’t know how to search for this particular post but it was very good, if you could find it.

Jennylesson · 31/07/2020 08:44

You have mentioned some very interesting points I will investigate further. Thank you so much.

OP posts:
Jennylesson · 31/07/2020 08:46

Wow... That's great. I will definitely do a search. Thank you so much.

OP posts:
Truimph · 31/07/2020 10:25

Even with the 25,000 declared, CMS will award a lot more than the equivalent of what your currently getting £166 per month (£1000/6 months).

If it was me I'd ask CMS to step in. They won't be able to backdate previous underpayment - only from the date of your application.

Jennylesson · 03/08/2020 10:40

Hi,
Thank you for your advice and suggestion. I will definitely consider it.

OP posts:
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