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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34133
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My spousal maintenance was originally set to end when I reached

Customer Question

My spousal maintenance was originally set to end when I reached retirement at sixty. I am now fifty seven and I am a carer for my eighteen year old son who is Autistic , ( for which I receive around £50 per week from the government). I also look after my eighty four year old mother who suffers from dementia. This makes it very difficult for me to find a job where I can work only a couple of hours a day. Since the official retirement age for myself has now increased to sixty five or six , is it likely that I can successfully apply for an extension to my spousal maintenance and also financial help for my son in order to help us financially for a further six years?
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question
When was the Order actually made?
Claire
Customer: replied 4 years ago.


Hi Claire,


Thanks for getting back to me.


The order was made January 31st 2008. That was before the retirement age for women was increased to 65 wasn't it?


Barbara

Expert:  Clare replied 4 years ago.
Hi
What benefits is your son eligible for?
Claire
Customer: replied 4 years ago.

Hi,


My son is receiving the middle rate of care component for Disability Living Allowance which is £51.85 and he is on the lower rate of mobility which is £20.55.


Because he has left education and is not able to work, I have applied for ESA for him. However, I don't know if he will qualify under the new regulations, so thats an unknown as yet.


Barbara

Expert:  Clare replied 4 years ago.
Hi
Is your ex still paying child maintenance and what is his employment position?
Claire
Customer: replied 4 years ago.

Hi,


Yes, he is still paying maintenance for Daniel. That is supposed to end when he reaches 21. (16/01.2016)


My ex-husband is the managing director of his own print brokering business.


Barbara

Expert:  Clare replied 4 years ago.
Hi
How old is he and is he likely to continue working for some time
Claire
Customer: replied 4 years ago.


Hi,


My ex is a couple of years younger than I am so he's 55.


I can't imagine that he would want to retire early.


 


I do have a private pension Claire. I just don't want to eat into it until my government pension kicks in. I found out recently that I cannot continue to claim carers allowance once I'm 65. It's more than likely that Daniel will be living with me for a long time to come.


Barbara

Expert:  Clare replied 4 years ago.
Hi
How much is the private pension (this will be very relevant)
Claire
Customer: replied 4 years ago.


Hi,


I'm not sure of the exact amount as it increases and decreases due to the financial climate. I asked the pension representative just yesterday how much it would be likely to generate, per month, by the time I reach 60. He thought it would be in the region of £600 to £800 a month.If I had been able to draw my state pension at the same time, I wouldn't be worrying so much.


Barbara

Expert:  Clare replied 4 years ago.
Hi
How much is your current maintenance?
Claire
Customer: replied 4 years ago.


Hi,


My current maintenance is £1200 per month and Daniels id £350 per month.


 

Customer: replied 4 years ago.

Hi,


I receive £1200 per month and Daniel £350 per month.


 


Claire, do you want to ask me any other questions tomorrow? Its getting late isn't it. You probably have to be up early.


Barbara

Customer: replied 4 years ago.


Hi,


I seem to be having trouble sending this message to you.


I receive £1200 per month and Daniel £350.


 


Its getting late Claire. can we continue tomorrow?


 


Goodnight


Barbara

Expert:  Clare replied 4 years ago.
Hi
Sorry for the delay.
Yes I think you have a very good chance of getting the maintenance term extended - so please apply as soon as possible.
I am a little less certain about the maintenance for your son although the current difficulties with benefits may assist your case
Claire
Clare and other Law Specialists are ready to help you
Customer: replied 4 years ago.


Thankyou very much Claire.


Barbara

Expert:  Clare replied 4 years ago.
Hi
You are most welcome - I hope all goes well
Claire

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