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Clare, Solicitor
Category: Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Our daughter who is divorced with 2 boys has to go into hospital

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Our daughter who is divorced with 2 boys has to go into hospital for reconstructive knee surgery on friday 21st. she will be unable to work for some months (she is p/t teaching asst) she receives no financial support from her ex husband (he wants her to sell the house and move to rented accm) she pays the mortgage and has done for past couple of years £500+ pcm she has conntacted the mortgage co but the are unwilling to help. We are ret'd and can only offer limited financial help and she naturally is getting stressed with the situation. Have you suggestions where/what form of help/advice she can get as she does not want to fall in arrears and get evicted.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
How old are the children and why does her ex not pay child maintenance?
What benefits does your daughter receive?
Customer: replied 4 years ago.

Sorry took so long to reply. As far as I can make out House value approx £175k, approx 2/3rds outstanding, children 13 &9yrs. Ex is postal worker and needed salary to rent @ £500 + pcm and live on rest of income. Occasionally helps out with Childrens clothes (if pushed) informal arrangement to clear divorce (which I paid for), as far as I am aware she gets Max Child Tax Credits,Council Tax relief single person20%?reduction, only other incomme is P/time teaching assistant at school & taking in ironing

Has she not applied to the CSA for child maintenance?
Customer: replied 4 years ago.

No because if she does ex will insist that the house is sold and her and the children will have to go in rented accomodation which she will not be able to afford also the children will have school disrupted as they would have to move away from the area in order offord anything, which is what he wanted as he has said she should move as he would the be able to get a new mortgage as he does not want to live in rented for the rest of his life

Please tell her not to worry
The priority for the family court is the safe and secure housing of the children until they are 18 and her ex will not be able to force the sale before then so there is no reason not to apply for the maintenance she is entitled to
If she is not able to work after her operation then she can apply for income Support which can include money towards the mortgage
She can check on her benefit entitlement using the website here
I hope that this will help - please do ask if you need more details
Clare and other Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for your advice. She has been in touch today with regards XXXXX XXXXX and support payments they told her she is unlikely to qualify as they would consider the 4-6 mths off as short term and she would have child tax credits readjusted so would be worse off. She has also finally been able to get the mortgage company to reply but they were not helpful until she is in arrears. So I think we have given up trying for help. It appears if she was in arrears and unemployed she may get help but not by trying to keep afloat under her own efforts. So once again I thank you for the advice

She can still apply for Income support when she is not working