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I am starting divorce proceedings and have a question regarding my son who has a statment of educational needs. Does anyone else have experience of having to deal with this? At the moment he has to go to a school in another county and he has a statement of eductaional needs. This menas he stays there all week and comes home at the weekends and holidays. As such his mum and I share him every other weekend and he does not stay with his mother during the week.
Does this get taken into consideration with the courts, i.e. do they consider the fact that living costs are reduced, obviously his food etc during the weekend is the same for both my and his mother however his clothes and other items are additional costs that I should pay for. Also his mother is in full time employment.
Any advice or help would be greatly received.
I would suspect that the courts would take this into account, and maintenance calculated accordingly (but you need to consult your divorce lawyer, as I am far from certain about this). However, you need to be aware that 12 months after the court has made the order, your ex could go to the CSA and have them assess the payments (assuming she was classed as the parent with care). By that time, the CSA assessment should be based on the new system , so will be 12% of gross income. However, I'm also not sure what the statement of educational needs does to any of this.
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