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Inheritance child maintenance

 
(@youlookfunny)
New Member Registered

Hello everyone. 
have a question regarding inheritance. Both my parents passed away, my dad about 20 years ago, my mother last year. My mother will as been read few weeks ago, everything is between me and my sister, but i have two kids , 7 & 9 which are in El Salvador, yes i know. Mother is a teacher and love everything Spanish. My mum left money for the girls which is going to go into an Isa account until they are 18, but my question is, Can my ex try to get some of the inheritance money via child maintenance? with the sell of the houe, looking at around £100K, as my mum didn't want her to get any of it. By the way, i am french and the money will be in France, i have been in the UK since 2003. THanks 

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Topic starter Posted : 08/02/2023 11:26 am
 actd
(@actd)
Illustrious Member

To be honest, I would speak to a solicitor about this, as there are a number of complexities, such as was the money left in trust to the children directly, what are the current maintenance arrangements and which country has any maintennce arrangement been drawn up in.

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Posted : 08/02/2023 3:33 pm
(@bill337)
Illustrious Member

hi,

if your paying ex through Child maintenance service (CMS) in UK then there is options for them to take your inheritance money into account. the way this works is if your ex is aware of this inheritance. she would need to contact CMS and ask for a variation. but if your  inheritance, property is not based in UK I doubt CMS can take it into account.

detailed info here:

https://commonslibrary.parliament.uk/research-briefings/cbp-7773/

https://researchbriefings.files.parliament.uk/documents/CBP-7770/CBP-7770.pdf

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Posted : 08/02/2023 7:48 pm
(@youlookfunny)
New Member Registered

Thanks for your replies, the inheritance is in France and staying there, child maintenance is between us, no CMS. 
The girls money will be going to a Junior Isa, so cannot be touch until they are 18. 

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Topic starter Posted : 10/02/2023 7:47 pm
(@jessanderson)
New Member Registered

I'm not a legal expert, but it's worth looking into the specific laws in your country and seeking legal advice. In general, child maintenance is based on the income of the parent and the needs of the child, so it's possible that your ex could try to claim a portion of the inheritance if it is considered part of your income. However, since the money will be in France and your ex is in the UK, there may be some complications with jurisdiction.

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Posted : 26/04/2023 11:49 am
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