Section 1 children's act to

[greenberet]

Is there anyway I can safeguard my kids financial future for when they turn 18?

Extremely acrimonious divorce -shafted at final hearing - x is pursuing CMS through tribunal to reduce what they have said he needs to pay £1200 pm to £560 pm. I am currently using my housing funds to keep kids in former family home and paying for Ds school fees until 18.

X claimed no money in business throughout divorce but has bought a house with Ow And is on deeds - she also works in company - he is also renting a house here at £1600 per month for when he sees kids eow.

I think I am in danger of financially crippling myself by trying to maintain everything as it was for kids and may have to move away before the kids get to 18 in just over a year. Ds wants to go to uni - not sure about Dd yet - I am unlikely to be employable due to long term mental health issues _ despite judges view to the contrary at court and want to know if there's anyway I can get some security for kids until 21

Whether x would pay it is another matter completely but if he has just taken on a mortgage whilst maintaining rent the company must have recovered

Thanks

Your children are nearly adults and see their father every other week. Are they unable to discuss their future with their father?
Only a court can make a decision relating to your children and finances and you seem well past that so what more do you want?
It sounds as if you need to downsize and stop living beyond your means.
As for the judge stating that you should find employment refers to the fact that divorced stay at home mothers can no longer expect to remain at home and be funded by their former spouse after a landmark ruling. It is considerd that women with children over the age of seven should be working for a living.

Are you legally trained posh - their father is emotionally & financially abusive he does not discuss anything with anyone - just does what he wants when he wants.

I will be downsizing no question about that - but it was either pay Ds school fees or risk him topping himself - so I chose to pay his school fees - they won't want to come with me as I will have to move 200 miles away to be able to afford to live

If you know anyone who would employ me after having not worked for 20 years, at 53 and with long term depression that is currently pretty severe meaning some days I cannot get out of bed can you give me their name and number - my solicitors told me I was likely to get joint lives spousal as did the judge at for - I believe some areas still pay spousal just not where I am

I asked about section 10f children's act - do you know anything about it

I was legally trained but am now retired.
Believe me that I do empathise with you. There is no such thing that some areas pay spousal support and others do not. When a piece of caselaw comes along that effectively changes the way certain matters are considerd and dealt with in the future, it rolls out in England and Wales not at a court or judges discretion.
Wright -v-Wright was such a ruling in 2015 that established new law and precedents.
It sent a clear message that once children turn seven years of age there is the expectation that the primary carer will start work.
In fact both judges in the above case told the wife in no uncertsin terms to upgrade her skills and get a job.
Divorced women can no longer expect spousal maintenance spousal maintenance to last forever, not even until the children reach adult hood. Your solicitors should have been aware of this.
As your ill health prevents you from working, I suggest you speak to Citizens Advice, Gingerbread Single Parent Helpline as you may be eligible for benefits.
Finally you referred to 10F of the Childrens Act. You need to be more exact. I just went through the Childrens Act 1989 to be certain and there is no section 10f are you referring to a certain section?
What are you trying to achieve.
I truly believe that you need to come to terms with the courts decision. You children are almost adults and will be making their way in the world.
I understand its all very distressing but going over and over the divorce and the financial matters is not helping you.
Do you have friends and relatives that can support you at this difficult time?

I think the OP means Section 1 of the Children's Act. However, it isn't really relevant. It doesn't give the courts any additional powers to order maintenance for the children.

Maintenance will cease when the children finish their A-levels. After that they may be able to take action against their father themselves to get maintenance. I'm afraid there is nothing you can do to change that.

@Poshindevon thank you for taking the time to respond to me. I get what you are saying and if it's the case as you are implying then my solicitors are guilty of leading me to a final hearing under false pretences and with out of date knowledge.

However I was told by judge at fDR that spousal maintenance was likely in my case - how can it be a hard and fast rule - my x would have to be away from home several nights due to the nature of his business sometimes he would leave the home at 5 in morning and come back at midnight _ it was a joint decision I be a SAHM partly due to my MH issues - if I was in work who would have covered this - who would pick kids up when school buses have done their trip and school is 40 minutes away in middle of nowhere - as it was family provided support in early years of twins but they have their own lives to lead.

I have looked at that wright case it may well have been used in my case but as I was emotionally distraught at the time and had been abandoned by legal representation ( another story) I cannot remember off hand - that talks about pension provision I gave that what I am talking about is financial support for my kids once they get to 18.

I am on benefits - I receive Pip for my MH - I will need this to support myself _ child tax credits will stop, child maintenance will stop and the measly payments from x will stop.

@prh47bridge that is exactly what I am talking about - x has downplayed the company during divorce process but it must be doing sufficiently well enough to support him and Ow and enable them both to obtain a mortgage and still maintain a fancy lifestyle.

If this is the case then I am looking for the financial support for kids at uni - had we still been married he would be doing this - why should this change for kids now - I am not looking for support for myself but I do not envisage being in a strong enough financial position to support them. I cannot just wait and see - he stopped paying school fees, he's going to CMS tribunal, this gives you an indication of what he is like.

Thanks for help

OP have you thought about applying for ESA/Universal Credit (depending on what area you live in) if your MH issues are limiting your ability to work?

You say you are looking for financial support for children to go to university. From where?
Do your DCs realise that your divorced and that things change
I assume your children see their father and talk to him.
By law your children are adults once they turn 18 they cant get money from you so they need to speak to their father.

If you are on benefits your children will get full maintenance loans for uni. They could also live with their father during the holidays so it shouldn't mean you having to lay out extra for them.
As for being awarded spousal, even if you had been your ex sounds like he'd have put everythi g into I'd name and would wriggle out of paying it. I know it's difficult but you need to concentrate on your life now, not the if only. Maybe there is a job out there for You, people with mh problems do work and can benefit from that

Posh - yes they realise we are divorced and that things change - except they havent changed for their DF - if anything their DF had said was true I would not be pursuing this but he is a grade A c@@t who talks a good talk but it is all bullshit. They see their DF but he is incapable of talking about anything that matters - and what father is going to say sorry I'm not paying your school fees because I'm buying a house with Ow and your school fees are paying for that and for Ow kids to live in

Do you think their DF would be going to CMS tribunal if he was reasonsable and capable of having a proper conversation -

@RedHelenB - thank you that is what I need to here I can now look into maintenance loans - and yes you are right he would not have paid SM - so in some ways he's done ME a favour but I will do my hardest to make sure the kids don't lose out because he happens to be a shit

To PRH47

Wow. So children over 18 can pursue their parents for maintenance?

To OP

University tuition fees are covered by loans which seem to be available to everyone. Maintenance grants are means tested and as already stated your children may qualify for full amount as you are on benefits.

Surely your ex wants to see his Children get to University and hopefully do well later in life and help with their costs.

I think you would be better off to stop having any expectations of your exh at all and start dealing with the facts of the matter. You do come across as very bitter. I don't doubt you're in a shit situation and he's been a complete cock but he's not likely to change so you're better of putting your energy into straightening your life out, whatever that looks like.

Tamatave2000 - I can't guarantee that - he mucked about with school fees for the last two years before GCSEs saying he could not afford them

I don't have any expectation of him - not bitter angry - yes I am trying to straighten my own life out but also want to make sure kids are ok - he's shown time and time again that he is only interested in what serves him

To: GreenBeret

Sadly some parents seem not to care about children after Divorce. However, your children see their father each week and so must be talking to him about University? Maybe your children do not reveal all what they discuss with their father?

Happened in my divorce. Son says nothing about the time he spends with father or grandparents. Same applies to daughter. However, she is now 24