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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12553
Experience:  30 years as a practising solicitor.
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I’m based in Aberdeen, Scotland. I have a maintenance query.

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Hello
I’m based in Aberdeen, Scotland.
I have a maintenance query.
My husband and I have split up. I have a son from a previous marriage. We went through ivf 5 times without success and our marriage has broken down as a result of stress, depression and drinking on his part. It turned out that ultimately he has a fertility issue sadly. I had 3 cycles myself before trying with donor eggs. As a result I have been left with a health legacy that affects me for several days monthly. I will need surgery to rectify but on a risk/benefit scale I need to wait until it is much worse as it comes with risks. It affects my ability to work a permanent job and so I just freelance sporadically. I haven’t worked normally for 3 years. My husband wants to avoid lawyers (my son turns 16 in September). I am worried we will be short changed with that option.
He is on the title deeds solely. I understand he cannot force us out. My son has 2 critical years left in school. What happens with all the bills?
Are you able to advise me of my rights, if/how/for how long maintenance lasts?
Thank you
Customer: replied 6 months ago.
Is it reasonable to expect him to keep up the health insurance plan and transfer it back to me? It was mine originally and he was added. I have seen my GP and a private physician already.
Customer: replied 6 months ago.
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Customer: replied 6 months ago.
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Thank you for your question. I am a solicitor in Scotland. Your husband should continue to pay child maintenance for as long as you are entitled to claim child benefit. Thereafter if your son goes to college or university or to another course of education or training, your son is bound to maintain him, as are you, between the ages of 18 and 25. As regards ***** ***** you, you have a claim for aliment to help with the bills etc. The amount is based on what is reasonable having regard to your respective needs and resources. After a divorce your husband may have to continue paying a periodical allowance to you for a period of up to 3 years. You are also entitled to a share of all property accrued during the marriage whether in either or both names including the house and any pensions and investments, but excepting anything gifted or inherited from a third party. As regards ***** ***** that you avoid lawyers, that is a stupid suggestion. Under no circumstances do you agree to that and you go to see a good family lawyer now. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 6 months ago.
Hello
Thanks for getting back to me.
I just need to clarify:-
My son is from a previous marriage and his natural father pays aliment. I’m not entitled to child benefit - I think it was due to my current husband’s salary. We had to pay some back. I assume my current husband wouldn’t be due child maintenance just for myself and the house. Am I correct in assuming we have the right to stay here and for how long?
Thanks again

Thanks for responding. Your son’s father would have to pay the child maintenance both now and when your son continues in full time education or training. Your husband may be liable to aliment you. As far as the house is concerned, you have occupancy rights and can continue to stay there for an indefinite period, irrespective of the fact that your husband holds the actual title.

Customer: replied 6 months ago.
Thanks for clarifying.
Is it reasonable to expect him to keep up the health insurance plan and transfer it back to me? It was mine originally and he was added. I have seen my GP and a private physician already.
I will seek a family lawyer.
Thanks for answering my questions. My mind is somewhat put at rest.

In general terms, yes, something like that would be important and a court would make an order that the health policy be maintained if it was necessary for the well being of the family.

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