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Maintenance over 18

  • jaybean
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15 Dec 14 #451692 by jaybean
Topic started by jaybean
My stbx has finally offered to pay maintenance to my son (over 18 and at uni). My son has told me what he is getting but the solicitor and my ex will not tell me offically. Do I have the right to know what the arrangement is?

  • Gillian48
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15 Dec 14 #451693 by Gillian48
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I''m not an expert and I''m sure others will give their views - but the arrangement is between your son and your stbx - so I don''t think you have a right to know legally??? Unless you need it for income purposes - I presume your son will have to declare this income on his student finance applications? and also on his HC1 if he has applied for free prescriptions?
Do you not believe what your son has told you??
At least he''s getting something - my ex gave me or his son nothing whilst he was at Uni!

  • MrsMathsisfun
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16 Dec 14 #451699 by MrsMathsisfun
Reply from MrsMathsisfun
Your son is an adult and so you have no right to know his financial arrangement even if it would impact on his fimances at uni.

why do you feel the need to know?

  • jaybean
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16 Dec 14 #451713 by jaybean
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I followed the advice given in self repping section of wikivorce and asked my stbx''s solicitor for maintenance. I also suggested that I would apply for mps if I didn''t hear from him.
My problem is that the application for mps would cover an amount for other aspects of our lives ie an amount to support myself, legal expenses, etc. I would like to know what my stbx is offering my son officially before I put in an application for mps so that I know whether he can afford to pay the remaining claim.

I didn''t know that my son''s status with student finance would be affected. Could anyone advise on this too.

Thanks

  • dukey
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16 Dec 14 #451714 by dukey
Reply from dukey
Before any agreement can be made disclosure is required, if maintenance is an issue then yes you need to know his disposable income, what he earns and needs.

  • jaybean
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16 Dec 14 #451718 by jaybean
Reply from jaybean
Do I ask his solicitor for this information before putting an application into court?

  • dukey
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16 Dec 14 #451719 by dukey
Reply from dukey
It''s not wise to apply for MPS unless you have at least spoken with a solicitor first, yes ask his solicitor if they will exchange disclosure with you, form E is often used for this.

Bear in mind if you fail at MPS you can face his legal costs, though it''s not common.

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