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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 3952
Experience:  Barrister at law
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I am divorced from my wife and when divorced i gave her the

Customer Question

I am divorced from my wife and when divorced i gave her the house etc.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: since such time the last 5 years my son has lived with his grandparents and she has not contributed to his up keep and still kept the family allowance payments until mid june this year when i applied for the payment on behalf of his nan. can i put a claim for child support as she doesnt pay anything towards his upbringing.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: answer to your previous question, yes it was all sorted before he went to live with his grandparents. worcester magistrates court in worcester
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the only thing i need to know really is if i can get child support for his upkeep and since i have divorced can i claim back my percentage of the house as he has now been living away from that property for for over 5 years?
Submitted: 12 days ago.
Category: Family Law
Expert:  plclegal replied 12 days ago.

Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

When you say you gave her the house - did you have a financial order at the time?

Customer: replied 12 days ago.
No, it was agreed through solicitors. My solicitor recommended i take what i was entitled too, but i said at the time i did not want to put my son out of a home. Since the divorce he has left the household and i wondered because the circumstances have changed whether it is possible to pursue my entitlement of the house due to the change in circumstances with my son??
Customer: replied 12 days ago.
Also she does not contribute to any up keep of him and i need to see if i can pursue this legally through the child maintenance department or court proceedings?
Expert:  plclegal replied 12 days ago.

If you didn't have a financial order, then you can apply for this now.

You should be able to claim a portion of the matrimonial home as it is not being used for the benefit of your child.

As regards ***** ***** you could arrange this via the CMS, but if he is residing with grandparents I would suggest that they make the claim.

Can I clarify anything for you?

Customer: replied 12 days ago.
How and where do i apply for a financial order? Also what is the financial order and what does it entail?
Customer: replied 12 days ago.
Grandparents would not make the claim as they do not want to upset things any further, this is why i applied for the family allowance to my name and forward it to them via direct debit from my account once it is paid into my account. Could i apply on their behalf??
Expert:  plclegal replied 12 days ago.

You could apply on their behalf, if you explain the situation to the CMS.

As your son does not live with you thought the claim may fail on that basis.

But there's no harm in asking.

I would encourage the grandparents to apply though - they are only asking for what is legally due, a parent is bound by law to provide for their child.

As to the form A, it's here:

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

This information source may also assist:

http://alc.org.uk/uploads/Applying_for_a_financial_order_without_the_help_of_a_lawyer.pdf

I hope this clarifies things for you.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

Expert:  plclegal replied 21 hours ago.

Hello - did you receive my reply?

Can I assist you further with your question?

Kind regards,

Peter