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Maintenance Payment...
 
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Maintenance Payment Question


Posts: 80
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Topic starter
(@blindsided)
Estimable Member
Joined: 9 years ago

Hej all,

I got divorced a few years ago now. I gave my ex the house and signed a court paper (drafted by her lawyer) that said I would pay £750 a month in maintenance for my 2 children, until the youngest turns 18 (iirc) or finishes tertiary education. My children are now 16 and 13.

My 16 year old has been having increasing issues with my ex, which came to a head this weekend when he attempted to take an overdose and was admitted to hospital. He's totally fine, but because he has said that if he has to go back to my ex, he will do it again, he's not being discharched and I assume he will end up placed somewhere?? 

I live in Sweden now, still have a UK passport but have full residence permit here in Sweden. I have said my son can live with me, but he doesn't want to leave his friends and I doubt he could be made to come here.

My ex has said he needs to pack his bags and she is done with him, she hasn't even messaged him while he's been in hospital (ambulance took him).

So my question(s):

If my son doesn't go home, do I still need to pay 50% maintenance to my ex? I kinda want to stop paying her and just pay him the money instead

If he comes to live with me, can I just pay 50% as I'll be taking on his care

Can she do anything to me to make me pay if I am able to do the above, bearing in mind I live in Sweden now.

 

Thankyou for reading!

2 Replies
Posts: 5347
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi,

as there has been a big change in circumstances, if you were still in UK, formal process would be to have that court order changed. do you still keep in contact with son? very tough situation. under UK child support laws, if he were taken into foster care, then generally you would not be paying maintenance, as local authority becomes responsible for child. are you able to pay child directly?

also to note, with UK child support, the main carer of child does not pay maintenance to non- resident parent. 

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Posts: 14
(@dadmod5)
Active Member
Joined: 8 months ago
Hi, it may be useful for you to check in with the hospital to see if you can make contact with any services who are aware and supporting your son. It is likely that they will be assessing the situation in the light of an overdose attempt and talk to your son and close family members there to decide if any support or steps are needed. Alternatively you can make contact with the social services in his area to work out what support he can get.   
Take a look at this page for info:
Your son's welfare and mental heath is key and he will need all the support and love you can give him, no matter how near or far away you are. Letting him know you are there to listen will be invaluable to him. 
 
Parent support worker
 
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