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Clare, Solicitor
Category: Law
Satisfied Customers: 33013
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am divorced , two kids 15 and 20 . I had court maintenance

Customer Question

I am divorced , two kids 15 and 20 . I had court maintenance order . Father pays for daughter (what he wants , refuses to provide evidence of income ) son had two years travelling and working now going to university sept 15 . father refusing to contribute a bean . Can either me or son make him ? I did not extend original maintenance order for son

the barrister allocated seems to have criminal expertise . I need family law expert .

Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Thank you for your question.
My name is ***** ***** I will do my best to help you
Have you considered using the CMS for your daughter's maintenance?
So far as your son is concerned whilst you cannot make an application your son can make one in his own right -if he can show that his income form all other sources does not meet his reasonable needs.
It is an applictaion using the Children Act
I hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.

thank you

My son will get a grant because of my income , £3000 i think , and be entitled to further "loans" . Are the loans included as part of his income ? I dont want him to run up huge debt; the fees are bad enough .

Can he apply for his father to contribute towards fees ?

Yes i should apply for my daughter . i had a court order ,but he wouldnt give up to date income details but said if i asked hed stop working at his job at council . He has stopped working now and gets income related pension (police superintendent)and from council . just scared as if i apply he will stop payments , he's that sort of person and will punish my son (having said that hes not paying him anyway )

if i made application, would i have to show all my savings ? luckily i have some from my father

Customer: replied 1 year ago.
I can't see a reply to my reply ?
Would a student loan be considered " income " ? Could he applied for his father to contribute towards fees as well ?
Thank you
Expert:  Clare replied 1 year ago.
HiMy apologies for the delayI am sorry but your son will be expected to have accessed all available loans and funds before applying for maintenanceYour income and capital is not relevant to the issue of maintenance for either childClare

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