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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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I have been and am a long- term single parent and carer for

Resolved Question:

I have been and am a long- term single parent and carer for my daughter who is nearly 18 and still at school. My daughter has a serious medical condition involving daily treatment routines and unpredictable periods of illness and treatment which has limited my ability to work fulltime over the last 13yrs. My daughter receives a disability benefit due to her medical and care needs but she is not significantly physically or mentally disabled; she will hopefully become more independent and is perhaps now slightly behind her peers in terms of becoming so. She will most likely always need some care at times of illness or if her condition becomes life threatening which it could do. I currently get maintenance from her farther who has said he will stop paying this after A levels next year. My daughter needs and wishes to continue living with me and hopes to find an apprenticeship that will be accommodating of her needs... this is uncertain but not impossible...BUT... I currently have no financial independent means of supporting her once tax credits and child benefit stop. I gave up my career 10yrs ago to take lower paid part-time work so I could care for her; I was made redundant 4 yrs ago, have re-trained and recently started my own business which allows me to continue to work flexibility. I am however still dependent on state benefits myself until such time as I make some money from self- employment. My capacity to do this will be tempered by the need to continue in a lesser but necessary degree as a carer for my daughter. I feel I am faced with harsh choices including selling our home; refusing to support my daughter, making her homeless or insisting she lives with her dad (which she has never done and does not want to do) to force him to support her while I cant. Do I have any rights in this situation to make my daughters farther continue supporting her until she is more able to be independent of us? Even support until she is age 20 would make a significant difference to her quality of life and mine. I feel I have given up so much over the years and inevitably do not want my daughter to suffer hardship any more than she already has to.

Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hello Nicola,

I am happy to wait for a while longer for a response. How long is usual?

lf I do not get one do you refund me?
Regards

Sarah

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Yes, we refund on request.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

I am happy to wait please continue

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 2 years ago.

if you feel there is reasonable hope of a response i am happy to wait longer

regards

Sarah

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

ok thankyou

Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
Were you ever married to your ex?
What is the nature of her disability?
Clare
Customer: replied 2 years ago.

We cohabited but were not married.

My daughter has cystic fibrosis; a progressive disease of the lungs predominantly but also affecting the metabolic and immune system whereby maintaining weight, nutrition and fighting recurrent infections can become problematic. Life expectancy is reduced.

The CSA were initially involved in establishing maintenance which has been regularly paid since.

Sarah

Expert:  Clare replied 2 years ago.
Hi
When is she likely to finish education?
Clare
Customer: replied 2 years ago.

she will finish education in summer 2016 with no plans for higher education currently.

Expert:  Clare replied 2 years ago.
Hi
How much does your ex earn?
Clare
Customer: replied 2 years ago.

I do not know.

I would estimate at around £26 - 30,000 for the type of work he does

Expert:  Clare replied 2 years ago.
Hi
Has she considered remaining in secondary education a little longer?
Clare
Customer: replied 2 years ago.

She will have completed A level studies and would only at most be eligible for another year, which unless she fails any exams (very possible) would not benefit her in any way.

it is therefore unlikely to be the case she continues in secondary ed beyond next year.

Expert:  Clare replied 2 years ago.
Hi
The problem is that once she has left full time secondary education your only option is an application under the Children Act which you can only make in exceptional circumstances - and I fear it is unlikely that Cystic Fibrosis will count since as you have said it is her social skills that need to catch up
Having said that you could try discussing it with your ex using Family mediation
www.familymediationhelpline.co.uk
However choosing to do a further qualification which keeps her in secondary education more than 12 hours a week until she is 20 remains an option
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Just to clarify; if she stays in some kind of secondary ed how is it that maintenance can be enforced? would it be through CSA or using some other legislation?

thank you.

Expert:  Clare replied 2 years ago.
Hi
That is under the CSA rules - under 20 and in full time (more than 12 hours a week) secondary education
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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