Hi, my name is AverageMum! husband is asking for this to be detailed in the financial settlement

AverageMum

HI, My 17 year old son receives PIP. I am getting divorced and, although I manage the money for him by his agreement (he is not cognitively impaired, just physically), it goes on his £80 per week driving lessons and upkeep of the wheelchair adapted van I drive to get him and his electric wheelchair around, plus a contribution to my diesel bill for the van and various extra costs he incurs because of his disability.

My husband is asking for this to be detailed in the financial settlement and, although I have sent in the bank statements for the account it goes into (it is the only thing that account is used for so all is clear), they arte asking mew to account for where it goes. I can do this but I think the are wrong to demand it. Am I right?

Jimm_Alumni

Hi @AverageMum, welcome to the Scope community!

I'm going to start off by saying I am obviously not a lawyer and this does sound like something that should be consulted with a lawyer if it is part of divorce proceedings.

I wonder if an easier way to resolve this may be to allow your son to now start managing the money himself if he is cognitively capable of doing so? It could help him learn to do so and give him some more independence?

AverageMum

Thanks for your answer, Jimm, much appreciated. However, its not a case of allowing him control. It's an agreement between him and I of his choice. It means he doesn't have to pay out for the diesel contribution and upkeep of the van (which is driven solely for him - I have an entirely separate car of my own), and I stay on top of his driving lesson payments for him. He has his own bank account, money of his own to manage and spend / save as he pleases.

The question was whether I have to justify his outgoings to my grasping stbx. I'd ask my solicitor but she costs a fortune and I am not due a conversation with her for a week or so.

MW123

@AverageMum

You might feel it's unreasonable for them to demand such detailed accounting, especially when the bank statements clearly show the account is solely used for PIP-related expenses. However, during a divorce settlement, both parties typically need to provide thorough financial disclosures to ensure transparency and fairness.

Although it may seem tedious, breaking down the expenses can actually help prevent prolonged disputes and legal complexities. Having clear and readily available information can avoid unnecessary back-and-forth, potentially reducing legal costs and expediting the settlement process.

Courts value transparency in financial disclosures. By being proactive and cooperative in providing this information, you demonstrate your willingness to comply with the legal process, which reflects positively on you and shows good faith.

In divorce proceedings, full financial disclosure is essential to fairly distribute assets and address each party's needs. Despite feeling intrusive, this process ultimately safeguards both your and your son's interests, paving the way for a more equitable settlement.

AverageMum

Thanks MW123, I appreciate your time in commenting. I am a long way ahead of that though, Forms E were exchanged weeks ago ( I was happy to be extremely dilligent and faithful in my account of my finances unlike my STBX). However, I wanted to know if they have the right to include my son's PIP in the financial negotiations. I have an appointment with my solicitor in a week now anyway so I can ask her, I just have to be extremely careful how many communications I have with her as she is incredibly expensive and, at the time of writing this query, it was going to be a while before I could ask her. Thanks anway,

MW123

@AverageMum

If your son's PIP payments are deposited into his own bank account, they are generally considered his own assets. Typically, the court wouldn't include them in the financial settlement calculations. Your solicitor can offer tailored advice during your appointment, ensuring you understand your rights and any obligations regarding this matter. I extend my best wishes to you during what must be an incredibly challenging time.