maintenance payments while ex partner goes to prison?

ezzmo

Hi I hope someone can help or give advice please.

My friend has been seperated from her ex husband for a few years now and while she lives in Scotland he has continued living down south.
He has been making voluntary maintenance payments for his one child.
My friend is in a low paid admin job, full time and is paying a mortgage on her own for her new house. She relies on these maintenance payments, to help buy food etc, while her whole wage is taken up with mortgage and bills.

She called me 2 nights ago to say her ex has been caught dealing drugs and due to the quantity he was caught with he is being remanded without bail and will appear in the high court on Monday.
He has a fab job, car, house, and he will lose everything once he goes down (we think). Obviously she is very angry that he has known the risks, and she is now left to tell an 8 year old boy.
The problem is, because these were voluntary payments and no agency was involved she will lose them and her and hers sons futures are now in jepordy at no fault of their own.

Does anyone know, if she has any rights, her divorce has not came through yet, although he gave her some money to start afresh up here when they split.

Hope someone can help or offer advice as she is in despair and very straight and this whole episode which she knew nothing about has mortified her.

Thanks in advance.:A

Sensemaya

Sounds bad news all round. What a stupid man.

As she is going through a divorce, the best thing would be to ask her solicitor to see if there is any money ( I presume he will have to sell the house ) in the pot.

Is there any way possible she could up her hours?

ezzmo

she works normal office hours. fulltime and her parents in their 70s collect her wee boy from after school club etc.she has no siblings to rely on and is pretty much on her own trying to do the best for her lad

flateric81

it wouldn't make any difference whether the csa was involved at this point or not. a prisoner would be put on a nil assessment and no money could be taken from him.

Chloexxx

He will not have to pay anything while in prison even if the agency were involved. I'm afraid there is little she can do

LizzieS_2

She can do nothing with regard to the csa collecting, however, as the divorce is not finalised there may be some scope there to weight the settlement differently than may have otherwise happened - she need to speak to her solicitor.