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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
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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My 40 year old son who has a mental illness, has separated

Resolved Question:

My 40 year old son who has a mental illness, has separated from his wife. Prior to them splitting up, they used his credit card to buy something; I wanted to discuss the financial things with her, and I am sure she has enough funds in her two bank accounts to clear the debt; what can I do to make this happen, as I think she is refusing to settle it and leave it with my son.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is the nature of the illness?

Are they considering divorce proceedings?

Customer: replied 1 year ago.
He has paranoia and anxiety particularly about his wife having an affair and has been sectioned in the past, but since he has been separated (about 4 weeks), he is much better and is now receiving counselling. His wife sends him texts, one minute they are finished, the next wanting him back, I am convinced she is doing it purposely, as she knows his condition, and even studying to become a mental health nurse.
At present they are not considering anything seriously, although his wife has threatened divorce today and will have to o to court.
At this point, there seems no likelihood of them getting back together, he just wants to have access to his son. he is in the process of renting a flat.
Expert:  Clare replied 1 year ago.

How much is the debt and what was it used for?

Customer: replied 1 year ago.
The debt is approx. £3,300; It was used for a new bed, new settee and a Paris holiday; My son received compensation of £9k for unfair dismissal, and that was supposed to pay off the debt, but she says that's all gone now, which I don't believe. My son has left the bed and settee in the house where she lives, and has taken furniture that I had given them, so she has all the new stuff.
Customer: replied 1 year ago.
My son has just informed me that his wife has not paid the rent on the house she is still living in, and it was due this week; Although she has the funds in the bank, and she told me she would pay it this week. However I have discovered she is looking at another property, but she needs to pay £1665, so I doubt she will settle any debt, which will land on my son, and doubts he will get a reference from the landlord, as his wife controls the bank account
Expert:  Clare replied 1 year ago.

Sorry - how old is the child?

Has your son now set up his own account?

Customer: replied 1 year ago.
My sons child is 4 years old; his wife has two children from other relationships; 12 year old, and 17 year old
My son set his own account up at the beginning of July, after a fall out about finances
Expert:  Clare replied 1 year ago.

Realistically at this point there is nothing that can be done about the debt.

As and when there is a clear decision on a divorce then the financial issues will have to be considered and this will include how the debt will be dealt with - and what has happened to his compensation.

Until then if his ex will not co-operate then there is no action that can be taken

I am sorry not to give better news - please ask if you need further details

Clare and other Family Law Specialists are ready to help you