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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Financial help for a handicapped daughter

Customer Question

My husband and his ex wife have a severely mentally handicapped daughter who is now 24 and currently living with her mother. In the future, we anticipate she will need residential care which will be on going. Please could you tell us what the situation is likely to be as regards XXXXX XXXXX obligation (as opposed to any help we choose to provide). Thank you.


PS. Please could you indicate when an answer will be ready?

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What maintenance does your husband pay at the moment?
Clare
Customer: replied 3 years ago.

My husband paid maintenance until his daughter was 21, as agreed at the time of his divorce. In addition, he used to have regular contact with his daughter and paid additional sums towards her care and comfort. I understand her mother is able to claim various benefits as the daughter is technically an adult. The situation is very strained as relations have always been difficult with the mother and the daughter's mental capacity is such that she no longer recognises my husband. Incidentally, it was the mother's choice to leave the marriage, following several affairs on her part, a number of years before I met my husband. At the time my husband was very upset at the break up of the family unit.

Customer: replied 3 years ago.

Just to clarify, we understand that as Julie (my husband's daughter) is 24 years old she will be assessed according to her own needs and only any money she has in her own name will be taken into account when looking at (residential or otherwise) care for her in the future. Can you tell me if this is correct please?

Customer: replied 3 years ago.

Still waiting for a response after several hours. I wish to withdraw my question and not take this any further.

Expert:  Clare replied 3 years ago.
Hi
My apologies I have been in Court and meetings all day.
You have understood the position correctly - your step daughter will be assessed on HER own financial position - not that of her parents
However your husband should carefully consider any provision he intends to make for her in his Will as this could affect her financial entitlements when the time comes
Please ask if you need further details - or assistance in actioning a refund
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your comments which confirm the situation as we understood it.

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Clare