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MARCUS Malin
MARCUS Malin,
Category: Family Law
Satisfied Customers: 1583
Experience:  Consultant Solicitor at Setfords
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I have a 19 yr old son with cerebral palsy, his father has

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Hello
JA: Hello. How can I help?
Customer: hello, I have a 19 yr old son with cerebral palsy, his father has stopped supporting him financially n now has reduced the care and support that he will provide. Iam struggling financially and emotionally. Can his father be made to help. He is a pilot, earns lots of money and only works 3 days a week
JA: What steps have been taken? Have any papers been filed in family court?
Customer: None
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: We live in w.sx, we recently completed the financial settlement on output divorce, John insisted this go to court. It cost me £6000 n I decided not to peruse the anything formal regarding Oli as I was told it would cost another £10,000 with no guarantee outcome
JA: Anything else you want the lawyer to know before I connect you?
Customer: John feels that as Oli gets benefits that he doesn’t need to contribute

Good morning. I will assist with your question - be aware this is an email not chat service therefore may be delayed in replying.

did the financial settlement made provision for your son?

Customer: replied 5 months ago.
No, I was told that to peruse this we would have to go to a final hearing that would potentially cost another £10,000 over the £6,000 it had already cost with no guarantee of outcome
Customer: replied 5 months ago.
Is there anyway I can peruse a settlement for my son without it costing ££££, can I represent myself?

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.

The thread is now open to all experts.

Please do not reply as a matter of course or courtesy, as it means that the question thread comes back into my inbox.

An expert with the necessary expertise will reply when they are online.

Kind regards

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.

https://dawsoncornwell.com/en/what-we-do/cohabitation-title/cohabitation-financial-claims/schedule1.html

Please do not hesitate to ask any further questions.

Thank you.

Marcus.

Customer: replied 5 months ago.
Does this apply as oli is 19 yrs old

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'

Thank you.

Customer: replied 5 months ago.
Thank u how do I go about arranging this?
Am I able to represent myself ie do it all without a lawyer?

Hello,

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.

https://www.gov.uk/government/publications/form-a-notice-of-intention-to-proceed-with-an-application-for-a-financial-order

https://www.gov.uk/government/publications/give-a-financial-statement-divorce-form-e1

Thank you.

Marcus.

Customer: replied 5 months ago.
Hi Marcus
We went through all of this in Feb this yr. at that point john was helping with Olis care but not financially. As he was helping look after oli I decided not to Persue any further support for o*****, ***** has now withdrawn help and so the cost of Olis care has risen dramatically which is why I now feel the need to go back to court to make johns responsibilities enforceable.
Can we bypass any stages as the matter is about john providing support for his son?Rgds
Gayle
Customer: replied 5 months ago.
in Feb we completed the financial settlement of our divorce

Hello Gayle,

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.

Thank you.

Marcus.

MARCUS Malin,
Category: Family Law
Satisfied Customers: 1583
Experience: Consultant Solicitor at Setfords
MARCUS Malin and other Family Law Specialists are ready to help you

Hello,

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.

Thank you.

Marcus.

Customer: replied 5 months ago.
The order was a clean break. Does that mean that Things cannot b put into place now for oli?

Hello,

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.

Thank you.

Marcus.