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did the financial settlement made provision for your son?
I feel this issue of financial support for your disabled son is outside my sphere of expertise and I am therefore going to opt out for another expert to consider.
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Hello, my name is Marcus.
As you have dealt with finances and I presume on a clean break basis the only avenue open to you is a claim under schedule 1 of the children act.
You can claim for lump sums if so required to cover your sons needs and costs directly related to your sons needs.
Below is a link with a useful article.
Please do not hesitate to ask any further questions.
Yes and he has a disability it can be extended.
'Schedule 1 applications, however, are not restricted to periodical payments. In addition to the Court's power to make an order for periodical payments or secured periodical payments, the Court has the power to order a lump sum, transfer and settlement of property. The Court's power also extends to making orders for periodical payments and lump sum for children over the age of 18 in full time education or where special circumstances i.e. disability exist'
I am so very sorry but it seems my last reply did not go through. I must have nagivagted away from the page to soon.
You can make the application yourself but it can be quite technical so a Solicitor is advisable.
The application is made on a Form A - see link below.
Upon the application being made you will need to complete Form E1's - see link - before there is a First Directions Appointment. If the matter is not agreed at that stage the court will make directions of what is required to assist the court in resolving the matter with it being lister for a further hearing called a Financial Dispute Resolution appointment. If the matter remains unsettled then it will be listed for a Final Hearing when a judge will make a decision. You can of course agree at anytime to bring the matter to an end by filing a consent order at court.
Do you have a copy of the order from February to see if there is any part of it we can vary. It is unlikely but just considering all options.
Sadly unless John is going to agree to provide financial support then subject to the above this would be the only avenue available to secure such financial assistance from him.
I would be most grateful if you would kindly rate my answer to enable me to get credit for it.
If you have any further questions please do not hesitate to ask.
The previous matter was between you and your ex husband and if on a clean break you cannot go back.
The suggested application is a separate matter under different law solely for the benefit of Oli.
Unless father agrees it is the only redress you have available.