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CHILD MAINTENANCE

VEN
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Good afternoon

I am sending this on behalf of my sister who has been diagnosed with incurable lung cancer.  She has not worked since her diagnosis in mid May last year and receives PIP only.  Our mum died a year ago and we each inherited £25,000 from her estate and she has her inheritance in a bank account.  Since her diagnosis and treatment she has been unable to look after the children and it was agreed that they would go to stay with her ex partner who is the father of the children.  However, he has now told her that he wants maintenance from her and is threatening to go to the CMS.  I have telephoned the benefits advice help line but keep being given conflicting advice.  She has no income apart from PIP and is trying not to use her inheritance money but is having to dip in to it for some essential expenses.  Her ex partner has also become very difficult about her seeing the children.  She does not want to have to use her inheritance to give him maintenance as all the years she was bringing the children up on her own (which was up until May last year) he only paid her £50 per month as he was self employed and "cooked the books".  Can you advise what her maintenance liability would be to her ex for the children (aged 12 and 17 in full time ed) and whether her savings/inheritance is classed as an income for the purpose of a CMS calculation.

Many thanks

  • Hi  ,

     

    Thanks for getting in touch and I’m really sorry to learn about your sister’s diagnosis. It sounds like it’s a really difficult time, for your sister and for yourself.

    Looking at your question, the way the Child Maintenance Service (CMS) works is that they use each person’s individual circumstances to work out how much, if anything, a person would pay. There are a few steps in this process, and the way it is worked out is different based on everyone’s situation, so that means that unfortunately we wouldn’t be able to work out how much your sister might pay.

    Given what you’ve told me about the situation, your sister might choose to take some direct legal advice.

    I’ve included below some links which she might find useful if she does decide to do that.

     

    Finding a solicitor

    To find a solicitor, talk to family and friends for a personal recommendation. Or visit the Law Society of England & Wales website:

     

    http://solicitors.lawsociety.org.uk/

    Or call the Law Society of England & Wales on 020 7320 5650

     

    To find a solicitor based in Scotland, visit the Law Society of Scotland website:

    https://www.lawscot.org.uk/find-a-solicitor

    Or call the Law Society of Scotland on 0131 226 7411.

     

    If based in Northern Ireland, contact the Law Society of Northern Ireland:

    https://www.lawsoc-ni.org/solicitors

    Or call the Law Society of Northern Ireland on 028 9023 1614

     

    Other sources

    It’s worth knowing that membership of a union, or staff federation may include legal services.

    Packaged bank accounts may also offer a legal helpline and some insurance policies such as car or home insurance may have a legal helpline as an additional benefit. So, it’s worth checking the terms and conditions.

     

    Disability Law Service

    Provide free legal advice to people with disabilities and their carers.

    For further information on the areas of law they cover visit: http://dls.org.uk/

    If you’d like to contact them with a general enquiry, you can email at advice@dls.org.uk

    Or telephone: 0207 791 9800 (option 7)

     

    Law Works

    Law Works is a charity working in England and Wales to connect volunteer lawyers with people in need of legal advice, who are not eligible for legal aid and cannot afford to pay.

    For further information on the areas of law they cover visit: https://www.lawworks.org.uk/

     

    Law Centres Network

    Law Centres offer legal advice, casework and representation to individuals and groups. Specialising in social welfare law.

    For further information on the areas of law they cover visit: http://www.lawcentres.org.uk/

    Excludes Scotland

     

    Legal Aid

    Legal Aid may be available to help cover the costs of legal advice in certain situations, if the person is unable to afford the cost of legal advice themselves and their problem is serious.

    For information on the circumstances covered by Legal Aid visit: https://www.gov.uk/legal-aid

    Please note Legal Aid rules are different in Scotland and Northern Ireland

    https://www.mygov.scot/legal-aid

    https://www.justice-ni.gov.uk/topics/legal-aid

     

    Just so you know, the Financial Guidance Service offers information and guidance on all aspects of personal finance to help people make informed decisions in the following areas:

     

    • pensions and retirement options
    • questions about insurance policies
    • mortgages and money management
    • arranging wills and trusts to protect your family
    • general financial planning questions.

    If you or your sister have any questions or need any information in any of these areas, please do feel free to contact us by replying to this message, or by calling 0808 808 0000. To reach our service specifically, select option 1, option 2, then option 1 again. Our department is open from 0800-1800 Monday to Friday.

    We also have a few other services which you are both welcome to contact.

    For clinical questions, we have Cancer Information Nurse Specialists, who can talk through all aspects of care and treatment.

    We also have a support team who can provide emotional and practical support, and are generally there to lend a listening ear if either of you should ever need it.

    I hope this is helpful, but please let us know if there is anything else we can do.

     

    Kind regards


    Andy

    Financial Guide

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