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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2725
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughters ex husband says he is stopping paying child support

Resolved Question:

My daughters ex husband says he is stopping paying child support for his son who is turning 18 years old.His son has developed anxiety problems and has had to stop his college studies at the moment could my daughter get any help with her mortgage as his money covered her mortgage
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to provide a full answer:-is she in England or Wales?-have they divorced and if so was there a court approved financial settlement?-has she remarried?
Customer: replied 1 year ago.
Wales.Divorced-no court approved financial settlement.She has not remarried
Expert:  Harris replied 1 year ago.
Thank you for confirming. As the child is no longer in college there is no legal liability for the father to pay child maintenance. Also, as there has been no financial settlement and she has not remarried, your daughter can pursue an application for financial relief arising out of the marriage. Initially this should be attempted either through negotiations or mediation (you can find independent mediators here: familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions) for the court to approve.If mediation does not progress she should then proceed with an application to court under Form A for financial relief. This would include consideration of all her assets and financial position, as well as her needs, and his financial position and needs and the court will decide what is fair when considering the following criteria:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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