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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.

Original poster

Spousal maintenance when homeschooling?

57 replies

gaspard201 · 05/03/2023 19:15

I wonder if anyone has any experience of this. My granddaughter has a little girl who has autism. She hasn't worked since giving birth and has home schooled (child is now 6). She and her husband have split up and getting divorced. My friend told me that because my granddaughter home schools the little girl she could ask for spousal maintenance when they sort the money out? Is this true?

OP posts:
Marchforward · 05/03/2023 19:17

She can ask, it doesn’t mean she will get it. Spousal maintenance is rare so this is something she needs to speak to her solicitor about.

waterSpider · 05/03/2023 19:41

It's rare. More likely if the ex-h is a rather high earner (like £80k+), and may be time-limited. Note that it also counts as income against Universal Credit, which could affect any claim for that.

Original poster
gaspard201 · 05/03/2023 20:12

He only earns around 30,000 I think. They both now live in private rented flats

OP posts:
Sarain · 05/03/2023 20:16

There's not a hope in hell of spousal maintenance with a salary of 30k. She's better off facing the reality that the child will need to go to school and she will need to go to work.

InstagramBitchWife · 05/03/2023 20:22

No hope on £30k.

She will get child maintenance but definitely no spousal.

Shinyandnew1 · 05/03/2023 20:23

I can’t imagine she’ll have a hope in hell of getting spousal maintenance. I don’t know many people at all who can afford not to work in order to home school-especially without a high-earning spouse working to pay the bills. I would think she’ll have to take up a school place and get a job.

User473831 · 05/03/2023 20:25

£30k a year income isn’t enough to run two households.

Shmithecat2 · 05/03/2023 20:28

Lol, spousal on £30k a year? Nope. Child maintenance in accordance with his salary and overnights, yes. Has she looked into what benefits/support she can claim?

MichelleScarn · 05/03/2023 20:30

Is the home schooling a joint parental decision or just what she'd choose?

Donnashair · 05/03/2023 20:32

If you think about it logically how would he be able to afford child maintenance AND spousal support and actually maintain his own living costs?

the mother will be expected to start creating her own income.

Original poster
gaspard201 · 05/03/2023 20:33

He doesn't agree with home schooling

OP posts:
MichelleScarn · 05/03/2023 20:35

gaspard201 · 05/03/2023 20:33

He doesn't agree with home schooling

Think that double adds to the he's definitely not going to pay her not to work then.

Donnashair · 05/03/2023 20:35

gaspard201 · 05/03/2023 20:33

He doesn't agree with home schooling

As he won’t voluntarily support her preference to home school, she will need to find a way to fund it herself.

I don’t think benefits are very generous for parents of school age children who choose to home school. But that may depend on the severity of her dds ASD.

Grapefrui · 05/03/2023 20:36

If he doesn’t agree with it then he definitely won’t want to pay for it. In the divorce process he could contest the mother’s decision to home ed and I believe he would likely be successful in ensuring the child attends school (based on a similar case that I have knowledge of).

Shinyandnew1 · 05/03/2023 20:37

gaspard201 · 05/03/2023 20:33

He doesn't agree with home schooling

She really needs to start job hunting asap, I think. I don’t think there’s much wriggle room in the benefit system for choosing not to work due to home education.

SittingNextToIt · 05/03/2023 20:40

Your daughter needs to work.

why on earth should he pay “spousal maintenance” out of his meagre salary to someone who chooses to sit at home as she prefers to home school? WTAF

Comefromaway · 05/03/2023 20:41

Shinyandnew1 · 05/03/2023 20:37

She really needs to start job hunting asap, I think. I don’t think there’s much wriggle room in the benefit system for choosing not to work due to home education.

Show quote history

It would depend on the extent that the child is affected by being autistic. If the child is classed as disabled then they they may nit have to be seeking work as part of their claimant commitment.

SpinningFloppa · 05/03/2023 20:43

I home educate and I’m a single parent, it’s possible as I don’t need to work I get dla and carers for my daughter so I’m not expected to work. I don’t get any maintenance at all though and wasn’t married so no spousal just saying that it’s possible.

SpinningFloppa · 05/03/2023 20:44

Shinyandnew1 · 05/03/2023 20:37

She really needs to start job hunting asap, I think. I don’t think there’s much wriggle room in the benefit system for choosing not to work due to home education.

Show quote history

Yes there is. I home educate and don’t work and I’m not expected to as I’m a full time carer there are no requirements for me to work.

Viviennemary · 05/03/2023 20:45

I don't think she has any chance of spousal maintenance if her DH earns £30k. She may get extra benefits if her child has special needs.

AnneLovesGilbert · 05/03/2023 20:49

Is she applying for all the benefits she’s eligible for? As they’re both renting it doesn’t sound like they have many assets to split in the divorce. She needs legal advice to make sure the split is as fair as it can be but I expect home schooling is something that’ll come up in child contact discussions and might not be something she can unilaterally decide on. Not sure.

Babyroobs · 05/03/2023 20:53

If she's claiming Universal credit then she'll have no requirements to look for work if the child gets DLA and she claims carers allowance. It's not a huge amount to live off but if child is on higher rate DLA then that element boosts the Uc considerably and child maintenance isn't taken into account or doesn't reduce benefits at all.

Shinyandnew1 · 05/03/2023 20:56

SpinningFloppa · 05/03/2023 20:44

Yes there is. I home educate and don’t work and I’m not expected to as I’m a full time carer there are no requirements for me to work.

Show quote history

Apologies-I stand corrected, I didn’t realise and thank you for clarifying. How would the OP’s grandaughter go about accessing this support-is a diagnosis needed? PIP assessment? EHC plan or is each case based on the individual level of need?

I presume you are entitled to enough in benefits to pay all rent/bills/food so there isn’t an expectation that you need to earn? Is that until your daughter reaches a certain age or permanently?

Apologies if that’s too many questions, I’m genuinely interested how it works.

Macaroni46 · 05/03/2023 21:01

SittingNextToIt · 05/03/2023 20:40

Your daughter needs to work.

why on earth should he pay “spousal maintenance” out of his meagre salary to someone who chooses to sit at home as she prefers to home school? WTAF

This!

Donnashair · 05/03/2023 21:18

I think the home schooling will cause a huge problem when it comes sorting everything out regarding the child and care.

I did homeschool one of mine through choice. It definitely has benefits for some children. But if he doesn’t think it’s the right choice (many parents don’t) for their daughter and she does, it could take a long time to sort out.