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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I separated from my husband 2 months ago and we have bought

Customer Question

I separated from my husband 2 months ago and we have bought individual properties. My 20 year old son is at uni but his main home address is with my husband. He has a student grant and my husband and I top this up weekly, evenly between us.
My 18 year old daughter lives full time with me, but commutes to London daily where she is on a one year uni foundation course. Students loans aren't available for this course, so I pay her £185 weekly costs for transport,uni related costs on my own. I also pay all her living costs at home. My husband doesn't contribute anything at all. Is he legally obliged to contribute in any way?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information first.Why is he willing to help your son but not your daughter?
Customer: replied 1 year ago.
Various reasons. My son is in year 2 at uni so the payment system is carrying on the same as before.
My daughter is living with me and has a very difficult relationship with her Dad. Because I was the one who left the marriage (partly because of the damaging father/daughter relationship) and she came with me, I think he blames her for the split. So I think he is adopting the 'let them get on with it then' approach.
Customer: replied 1 year ago.
He earns more than me and also owns a business and other property. We haven't agreed anything legally since we split as I assumed it would all be amicable.
Customer: replied 1 year ago.
Hello - are you there?
Expert:  Clare replied 1 year ago.
How much do you each earn?
Customer: replied 1 year ago.
I earn £21,000 pa and he earns about £26,000 I think - but he also has private health care paid for by the firm (the children are covered too). Plus a firms vehicle. Plus his mobile bills are through the firm - again, the children are covered on this also.
So my daughter has health care and phone provided - but from the firm not him.
Expert:  Clare replied 1 year ago.
Have you talked to your son about the issue?
Customer: replied 1 year ago.
My son? not sure that's relevant?
Expert:  Clare replied 1 year ago.
I ask because your options are limited - and both the children are adults!Your daughter is no longer in Secondary education and as such her father no longer has to pay Child Maintenance to you for her.His income is not so high that an application in her own right for Maintenance is not likely to be successful.That being the case the only way forward is for you to simply say that you will support your daughter if your ex supports your son.It would seem to be wise to explain it to your son first however.I am sorry - I do appreciate that this is grim news - please ask if you need further detailsclare
Customer: replied 1 year ago.
Thank you. That's what I expected to hear to be honest. Would the situation be the same if I were to file for divorce?
Expert:  Clare replied 1 year ago.
I am afraid so
Customer: replied 1 year ago.
:(Thank you for your answer
Expert:  Clare replied 1 year ago.
You are welcome - although I admit I hate giving bad news

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