Hi
Forum newbie here! Looking for some sensible advice please.
Split from my ex about 11 years ago. We have one daughter. with learning difficulties. Ex ended relationship by choosing new man over me. She kept house and everything in it. I took 40% of equity growth plus all the combined marriage debts that took 6yrs to repay. She has since married this guy, I have since remarried and have 3 other children of school age.
I see my daughter on Saturday daytime every week. She turned 19 earlier this year and is due to finish college. But, is going on to part-time 3 day a week vocational college course that lasts until 25. She will never work and requires constant care, will always live at home. Doesn’t need any equipment or anything to go about her day, just someone being there.
I have paid maintenance under a private arrangement since the split with no issues. Ex also receives all the available disability benefits & motability car, I have no problem with this she deserves it for providing the vast majority of the care.
I would like to end the regular arrangement and instead contribute ad-hoc directly when my daughter needs something, or to go on trips etc.
My ex is not happy with this and insists I have to keep paying forever, on the basis that my daughter “will never work or live on her own” I don’t think this is fair given she is supported by new husband and I have my live-in family to support too.
Both families fairly comfortable in decent houses. new man works full time earns reasonable money she works part time. We are better off I would estimate, due to both working full time but offset with us having a bigger mortgage and theirs mostly paid off so the difference isn't massive.
Given my daughter is going on to vocational training, is there a CMS angle where I am committed to paying to 20yrs (ie for another year?)
Does my ex have a case under Schedule 1 of the Children Act for ongoing financial support?
I really want to avoid a legal battle, and obviously I want to look after my daughter - but equally I can’t seriously be expected to fund my ex indefinitely? What if her new man leaves? Can she really just go off to the court with a Schedule 1 claim any point in the future for the rest of my life and I can’t do anything about it?
PS Yes I will talk to my ex, but I would like to research the facts/risks first
Thanks!
Hi,
This is criteria for which a CMS case can be opened:
Your child needs to be under 16 - or under 20 if they are in full-time education, up to and including A level or equivalent.
Not that familiar with schedule 1 cases but plenty of info here:
https://www.incourt.co.uk/post/schedule-1-of-the-childrens-act-1989