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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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My son has Apergers Syndrome and receives lower disabilitlity

Customer Question

My son has Apergers Syndrome and receives lower disabilitlity allowance. His dad currently pays child support enforced by the CSA which ends when he reaches 20 or finishes full time education at college . (d.o.b. 27/11/95). Could a solicitor help me to continue his fathers financial support when the CSA involvement ends as he will probably always be dependant ?
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to help you but I need some further information first.
What other benefits does he receive and what is it likely that he will be eligible for when he finishes college?
Customer: replied 4 years ago.

Hi Claire

No other benefits his disability allowance is £40. a week. Neither his dad or I would be entitled to benefits. His dad owns a company (the only shareholder and he is also the company director) . He limited his divends for the benefit of paying less child support ( he is very bitter) . The company is very profitatable. My income is now very low in comparison to my sons dad, but he wont provide any financial support unless enforced. My son has a manual job with my friend for a few hours one day a week and receives £30



Expert:  Clare replied 4 years ago.
Will your son be entitled to Earning Support Allowance
Customer: replied 4 years ago.

Hi Claire, the job could end at any time, we are not interested in benefits, my question remains the same: Could a solicitor enforce his fathers contined financial support .



Expert:  Clare replied 4 years ago.
The benefit issue is of great relevance I am afraid.
If you wish to argue that your ex should continue to pay maintenance for your son you will need to show that your son is in receipt of all appropriate benefits - and that he is indeed unable to maintain himself - and being in receipt of ESA would act as evidence of that.
An application to the court under the Children Act will need to be made to the Magistrates Court and you will need to show that your son will never be able to live independently and that the sources of income available to HIM will not be sufficient
The fact that he has lower rate DLA will not necessarily be sufficient evidence of his long term dependence I am afraid
I hope that this is of assistance - please ask if you need further information
Expert:  Nicola-mod replied 4 years ago.

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