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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.

Disabled 'adult' child- Anyone in this situation?

10 replies

ireallyhate2020 · 10/12/2020 01:39

Hi MNers
Stuck in the divorce from hell. STBXH did all the grubby things men do- depleted assets, liquidated investments, shredded paperwork, swapped extremely well paid career for part time earning well below our outgoings. He executed his plan over years and I was unaware.
I've been a SAHM for 24 yrs with part time work for brief periods. Two just post DCs both made redundant due to Covid. Youngest DC has a chronic medical condition and care was suspended during the pandemic- only just restarting now- and is now dependent on me for everything due to deterioration(in a wheelchair, horrible side effects from meds). I never managed to build a career because DC3's condition was so unstable. DC3 had to defer uni the autumn and it's looking doubtful even then and even with adapted room. I'll still need to collect and bring home for medical appointments at least twice a week.
DC3's care is handled by 6 different medical specialists at 3 different hospitals (it's a rare disease ) and coordinated by our brilliant GP and adult social care team. who adapted our house.
It is really important to me to house the DCs until they are independent. STBXH doesn't give a sh*t about them and they've got the message loud and clear. It's one of the most expensive places in the country to live and a 50/50 split would leave me completely unable to stay in the area. This is a desperate situation because DC3's care is so complicated and social care waiting lists in surrounding areas are 6-8 months. Finding a property that can be adapted is hard enough but I'd have to pay out of pocket for all of it because of the wait.
Has anyone had disabled adult kids taken into account?
Has anyone had the demands of care taken into account?
He won't negotiate so probably headed to court. Anyone had a judge who gave them a better split in such a situation?
I would love to have a brilliant career but it's a long way off unless DC3 improves radically.
STBX just wants to get on with his shiny new life and I and the kids can get stuffed.

OP posts:
liverpool1981 · 10/12/2020 01:46

So sorry to hear this Flowers

ireallyhate2020 · 10/12/2020 01:50

Thanks. Can't sleep. The penny finally dropped for my solicitor this week -yes, he really is that nasty.

OP posts:
NotEver0 · 10/12/2020 02:06

Also the mum of a severely disabled son,not in the same situation, but wanted to show solidarity and wish you the best outcome xx

ireallyhate2020 · 10/12/2020 02:13

Thank you for your kindness.

OP posts:
planningaheadtoday · 10/12/2020 02:34

I know that if someone divorces a disabled souse then the assets and division of assets weigh heavily in favour of the spouse less able to work.

I'm not sure if that's any help, but I'm sure a family court would protect you raising your family even if they are adults. They will be classed as vulnerable adults.

Id definitely take this before the family court ASAP. Before he can dispose of anything else.

Nat6999 · 10/12/2020 03:59

I would imagine the fact your home is adapted weighs heavily in your favour, I can't see any judge ordering the sale of a home that is adapted for a disabled child even if they are technically an adult.

HosannainExcelSheets · 10/12/2020 08:37

Yes, definitely court. The needs of dependent DC always come first even if they are 'adult'. Also, I think DC at university often aren't seen as fully adult anyway, even moreso if they are disabled.

Just try to put this all in writing, and get a judge to make the decision. Don't try to negotiate. A judge will not leave a vulnerable person unable to be housed.

ireallyhate2020 · 11/12/2020 12:26

Bumping for anyone with experience.

OP posts:
user8888 · 12/12/2020 14:23

Your lawyer should know this? If they don't get a different/better one. What are you paying for if they don't know this?

And I am sorry for your situation. It sound very hard.

ireallyhate2020 · 12/12/2020 14:49

It's a grey area, apparently. Just hoping to hear from someone who has been through it and what their outcome was.

OP posts:
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