child maintenance with special needs/disabled child

[Ninzz]

Hi

I was wondering if anyone knew the laws on what my ex has to pay with regards to child maintenance, mortgage, anything else.

We actually seperated 2 years ago and were getting on brilliantly. He didnt start giving me any money until this year and thats only because he is only paying top up that the benefits dont pay on mortgage, so no child maintenance. Previous that, if he "lent" me any money, he kept a spreadsheet and in July, i paid him back £2,000.

I moved back i to our house in April, we were letting it previously and that is why he pays mortgage top up now.

Now, he has met someone new, moved in with her after 3 weeks, hasn't seen his daughter since June and is wanting a divorce immediately, to sell the house and make minimum child maintenance payments.

My daughter has a lot of health issues and has a very rare condition which we are housebound most of the year. She receives DLA and I get carers etc.

How do i find out what to do and what to ask for? We were together 15 years (daughter is 13) and I'm lost and confused.

Sorry for the essay lol

You get 15% of his monthly income after tax before his morgage etc. It's called child maintenance now so i'd give them a ring!

Thanks, thats what he quoted but I was told it can be more if you have a disabled child. Was hoping to find out the difference percentage wise

If you are "housebound" for long periods of time due to caring for your daughter and have been unable to work or build a career but have supported your ex to build his career I would have thought you could qualify for spousal maintenance. Definitely worth talking to a solicitor.

I had seen a solicitor a few months ago but got confused and she also said to speak to CAB. Due to feeling useless, i never followed it up but I have just emailed CAB and I'll phone solicitor for appointment.

Tiredandsadmum - spousal maintenance is next thing. Im going to lose my house and cant get another mortgage and school is a big issue so may homeschool again. But the laws in England and Scotland.

What.makes it worse is he's in England and I'm in Scotland and there are huge differences to law

Thanks everyone

In Scotland someone on no/low income may claim legal aid and you really need to see a solicitor PDQ. If neither spouse has applied for the divorce there may be a choice of jurisdiction and that could make a difference to the financial settlement. A solicitor with knowledge and experience of divorce in Scotland and England & Wales would be in the best position to make a comparison.

Normally the CSA or the new Child Maintenance Service has jurisdiction for child maintenance. The rules have recently changed and new applications are handled by the Child Maintenance Service. Now the basic rate of child maintenance is 12/16/19% of the paying parent's income respectively for 1/2/3 or more children. HOwever if you receive child maintenance you may need to pay all the mortgage yourself.

In addition it's possible to make claims for financial provision through the courts for expenses related to a child's disabilities.

Thanks STIDW.

Definitely phoning solicitor for appt thus week. Ive applied for legal aid through thus solicitor already so I'm one step forward.

I think I just needed to hear that there's no easy way!!

Can anyone help me.. I am trying to find out if my son who has ASD is entitled to more maintenance with him being disabled my ex pays £180 a month as hes worked this out himself I have been on the child maintenance calculator and its said I am entitled to more as my ex only has him a nite if my son is lucky he will have him a nite and day he picks and chooses when he has him

Hope u lovely people can help x

You should really start your own thread. Include more information - such as whether you are married to the father, what his income is etc.