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Maintenance for autistic son aged over 18

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QuercusRobur | 00:14 Wed 13th Feb 2008 | Law
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My high - earning husband has moved out leaving me to look after our 18-year old autistic son. He says state benefits are more than adequate for our needs. I am a self - employed gardener, planning my work around his needs for care, and although my own wants are modest, our son is accustomed to having as much as most other kids.
Are there any legal precedents to guide a decision on how long maintenance payments should continue beyond full-time education in a situation like this? The father agreed to pay as long as the son was resident with and dependent on the mother, but stopped on the son's 18th birthday. He is likely to remain in special needs education until he is 21 but is too disabled ever to work in any way.
I have a solicitor, but she says she doesn't know. Should I find another one?
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Yes, you should find another solicitor.
I don't really know much about this subject, but to be honest. If your solicitor (Who has been through law school, and is her job to sort this kind of thing and know the ins and outs)
I'd definitely get a new one!!!
Jeepers - get a new solicitor!!!!!!

You could try contact the national autistic society, (www.nas.org.uk) who might be able to put you in touch with a legal beagle who would help
In terms of long term planning for your son's future, I'm assuming your son is Statemented but if he isn't, contact your Local Authority & ask to speak to your Special Educational Needs section for advice on planning his long term future. If he doesn't have a Social Worker or isn't known to Social Services now is the time to make contact. There are a number of communities that cater for autistic children and adults into their 20s and 30s such as AALPS, http://www.optionsgroup.co.uk/autistic/aalps_m ids/aalps_midlands1.html. There are also local facilities that can only be accessed with help from Social Services.

NAS should also be able to put you in contact with your local support group.
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Thanks for your support.
I really just want to know how these cases have been decided before. I'm going to see if I can look it up in a law book in town, and it would save time if I knew where to start!
My solicitor is waiting for the barrister to get back to her, as she is the one who will be steering the ship on the day when it gets to Court. It's a shame because we had a barrister who was really very,very good, but he seems to have decided to retire at just the wrong moment!

If there are previous cases, your solicitor should be able to cite them for you & tell you where to find them but what she or your barrister can't predict is what the outcome of your particular case will be.

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Maintenance for autistic son aged over 18

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