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disabled child

Posted by oswaldT 
disabled child
September 01, 2023 12:21AM
hi, my wife and i have seperated ater 15years together (married 10). she used to work p/t when we met as she already had a son who was 9 when we met and i have raised as my own. we then had our son who was born wiht down syndrome who is now 8. it was a complex pregnancy and she gave up working her part time. she has not worked since as cares for our son who needs alot of help with things. we have a house worth 350/400k with only 100k left on mortgage as my mother left me money in will. would my wife get more than 50% splitt of everthing even though it was my money that paid mortgage and she is stay at home mum? she is 48 and i'm 54. i am self emploed web developer and bill my work daily. will she get much as shes claiming she now can't work beuase of our child? pleease help, ta
Re: disabled child
September 01, 2023 10:27AM
A court will give a lot of weight to the special needs of your son and the needs of both children will come first. Your wife does not work and has no history of doing so since your son was born. You also seem to acknowledge that she cares for your son who needs a lot of help.

This isn't really a case which is about the division of capital. Basically you have to work out where your wife and children will live and how it will be funded. Quite possibly there isn't enough money to go around and to provide for everything. You have to work out how it can be done while also meeting your needs. I suspect when you have thought about these issues the division of capital may be more clear.
Re: disabled child
September 01, 2023 12:51PM
thank you so much. my son is ok, but has delays and some health issues typical of kids with downs syndrome. and autistism to. we get help frmom govement dla and carers. i also have an old flat that was mine when we met (two years before). would she also be entitled to this? the flat is around 225k and no mortgage. will she get this too? she seems to think shed get a house without having to get a mortgage? could this be the case? thank you
Re: disabled child
September 01, 2023 01:10PM
now im really worried. i looked and she could get universal credit if i take her shares away from my company. she has 50 shares like me. she would be ok?
Re: disabled child
September 01, 2023 02:02PM
Well, you are fortunate that you have the flat as well as the matrimonial home. I don't think for a moment your wife will have the flat (provided you keep it in your name and under no circumstances let her occupy it). If you are employed through your company and it is basically the vehicle through which you make your living then ultimately any shares in that company which are in the name of your wife will need to be transferred to you. Assuming that essentially you are the company and it isn't worth anything without you there should also be no question of paying your wife half the notional value of the company in return for the transfer of the shares. I am also assuming, of course, that the company doesn't have substantial assets apart from yourself such property or big bank balances.

Clearly your wife should also be expected to maximise her income by claiming whatever benefits she is entitled to if she is really unable to work because of her caring responsibilities for the younger child.

So far as the older child is concerned that child is, of course, a 'child of the family' so far as you and your wife are concerned. That means a court could make maintenance order in respect of such child. Having said that, this child is not biologically yours. The biological father should be pulling his weight too.
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