Disabled child and maintenance

Hello, I am new here

I am in the process of getting divorced. I have a 16 year old year old son with autistic spectrum disorder and I live day to day not really knowing what the future holds. he may live independently he may not

I want my husband to pay child maintenance beyond the 18 age limit. my solicitor has suggested this is paid until my son reaches 25, my husband disagrees. Is there any information out there (I cant find any) as to what a parent who has been left to raise and care for their disabled child, constant ongoing care could expect. My son recives benefits and this has reduced my spousal maintenance and should my sons maintenance and benefits stop then I will end up subsisting.

Any advice out there would be helpful and welcome. thank you

The whole package is important and each case is treated individually. Without the details of solely and jointly held assets and liabilities, respective incomes, duration of the relationship (marriage + any cohabitation before marriage), ages, numbers of children, their ages and the number of nights they spend with each parent it is only possible to generalise.

The courts have discretion to award maintenance for over 18s in exceptional circumstances such as when the child suffers a disability. What you can expect depends on the particular facts (the child's needs and resources, any expenditure related to the disability, both parent's financial resources etc)

I'd be very interested to hear if you find anything further out.

"My son recives benefits and this has reduced my spousal maintenance and should my sons maintenance and benefits stop then I will end up subsisting."

For what reason would your son's benefits stop? and what prognosis have the specialists given for your son's long term care?

T

Thank you all so much for your comments and supportive words. You have provided food for thought. My main concern is when my childs income is reduced we will be put in a financially difficult position. spousal maintenance has been worked out by making up the deficit we need to live on(which isn't very much because of the income we currently receive through these benefits) Once my sons child maintenance stops and the child tax credit stops then this will reduce our icnome considerably a nd will only have my spousal maintenance to fall back on yet I will still be caring for my son at home and our living costs will not be reduced. I will be unable to return to work and my son will not be able to work. I am aware I can go back to the court to have this reviewed but I would rather avoid this if I could.

I was just hoping there was legislation that supports parents financially who look after their disabled child/ren. I understand that this is a matter for the court and is assessed on an individual basis. I am just trying to avoid court. Many thanks again.

Hi. Did you find out more about this? I am in a similar situation now.

B

Hi befree (love ur name) unfortunately I have not. As it happens I now find myself in the situation that I was concnerned with in that my son wont go to college and I will lose all his tax credit.

It seems there's a big gap in the market although I did find something but its all so complicated and that relates to the Children's Act Part II Orders With Respect To Children In Family Proceedings
Financial relief

15. Orders for financial relief with respect to children.
you can find it in this link

www.legislation.gov.uk/ukpga/1989/41/contents
Hope this helps and good luck.