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Enforcing Court Order For Child Maintenance

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  • Sensemaya
    Sensemaya Posts: 1,739 Forumite
    Part of the Furniture Photogenic Combo Breaker
    edited 2 April 2013 at 11:18PM
    Keep the CSA out of this especially as he's self employed..

    I would be going back to court.

    http://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do

    Click on 'Available Types' then Children Act.

    Apologies for orginal link not working.

    Above link for court forms: C2 and C10 rings bells with me. Your child can apply direct via Children's Act for their 'father' to support them at Uni.

    If your ex has any sense he will keep paying.

    I would also direct him to this link:

    http://www.resolution.org.uk/editorial.asp?page_id=335

    Tell him only the lawyers win.

    My ex has not been in contact with our son at all -it was always spasmodic depending on his 'whim' anyhow - since last October despite him telling our son he would help out financially when he started Uni. I decided it was best not to pursue him through the Children's Act. Our son is managing OK.
  • Sensemaya
    Sensemaya Posts: 1,739 Forumite
    Part of the Furniture Photogenic Combo Breaker
    !!!!!! wrote: »
    If you are still in school then yes. However at 18 it is possible to do them part time at college.

    Full time and A levels are 2 totally separate things that do normally go together but do not need to.

    What???????????
  • Kirsjude
    Kirsjude Posts: 241 Forumite
    !!!!!! wrote: »
    If you are still in school then yes. However at 18 it is possible to do them part time at college.

    Full time and A levels are 2 totally separate things that do normally go together but do not need to.

    She is full time at sixth form college doing 4 A Levels and an additional ICT qualification.
  • Sensemaya
    Sensemaya Posts: 1,739 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Kirsjude wrote: »
    She is full time at sixth form college doing 4 A Levels and an additional ICT qualification.

    Wishing her all the best and hopes she gets into the Uni of her choice.
  • Sensemaya
    Sensemaya Posts: 1,739 Forumite
    Part of the Furniture Photogenic Combo Breaker
    kevin137 wrote: »
    The issue at hand seems to be "HE" has decided that he has paid for long enough, if there is a court order and it stipulates a certain criteria, then he is silly if the child, albeit an 18 year old child is still in education.

    And while the CSA may be a quicker route, you are still talking about 90 days if he plays ball. The court is a breach of court order application and as the order already exists, then the arrears are already there and owed.

    A new claim to the CSA will not address these arrears and they would still need to be applied to court for. So it makes sense to keep the current order and apply for enforcement, and as the courts have way more power that can be used quickly, you will or should have more success...!!!Absolutely. I'm talking from experience.

    My choice would be the court and for clarification with the court as to what education is covered for full time to be enforced...

    Totally agree. OP could get existing order varied to include Uni too. But not sure on this.Solicitor will advise.

    Court all the way.
  • duchy
    duchy Posts: 19,511 Forumite
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    This is interesting

    I had a verbal agreement that I wouldn't apply for maintainance for myself so long as my ex (seperated since our son was 7) supported our son through university and not just school (son has a disability and my earning power was vastly reduced as PWC as a single patent with all the extra demands on my time in supporting him). He stopped supporting son as soon as he legally could as per CSA regs -Son is now 21 and in his first year at uni (delayed due to his disability but I supported him financially with difficulty in FE until now).

    I've recently gone to look for my divorce details and it appears we may not be divorced so there's no financial settlement (I didn't want anything as I assumed he'd keep his commitment to our son -now he hasn't I'm rethinking but rather than fighting him for a pension split if there is a way our son can claim support through uni from him -it may be a better option.)

    The first link by Sensemayer doesn't work btw so I'm off to google but any advice is welcome.
    I Would Rather Climb A Mountain Than Crawl Into A Hole

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  • Sensemaya
    Sensemaya Posts: 1,739 Forumite
    Part of the Furniture Photogenic Combo Breaker
    duchy wrote: »
    This is interesting

    I had a verbal agreement that I wouldn't apply for maintainance for myself so long as my ex (seperated since our son was 7) supported our son through university and not just school (son has a disability and my earning power was vastly reduced as PWC as a single patent with all the extra demands on my time in supporting him). He stopped supporting son as soon as he legally could as per CSA regs Typical! -Son is now 21 and in his first year at uni (delayed due to his disability but I supported him financially with difficulty in FE until now).

    I've recently gone to look for my divorce details and it appears we may not be divorced :rotfl: so there's no financial settlement :T(I didn't want anything as I assumed he'd keep his commitment to our son -now he hasn't I'm rethinking but rather than fighting him for a pension split if there is a way our son can claim support through uni from him -it may be a better option.)

    The first link by Sensemayer doesn't work btw so I'm off to google but any advice is welcome.

    Hi Duchy

    My youngest has Aspergers too. Anyway...have you got Decree Absolute?

    Thanks for alerting me the link didn't work. I have amended it. The court forms are very interesting.
  • Sensemaya
    Sensemaya Posts: 1,739 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Duchy

    Just been looking at D8A - Statement of Arrangements. Unfortunately the child has to be under 16 or under 18 who are at school or college blah de blah.

    But it says look at CB1 ‘Making an application - children and the family courts’.
  • I have 5 Kids, 2 girls and 3 boys of which there is 3 Fathers. How come one of the fathers only pays £120 per week who is father to 1 of my children and yet the father of 2 of my children pays £280 for 2 kids. He should pay £140 which is half. Fathers should be sent to prison for at least 2 years if they don`t pay, I had one bloke who I had a one night stand with kill himself and now His girl is suffering because I don`t get any money from him. I did get his inheritance money after a court battle but the law needs to be changed so that men have to get insurance like a car if they die it goes to the keeper of the child.
    Also this 60% protected income rubbish is set way to high for men it should be 50/50
    Does anyone else feel the same way I have written to my MP about this but he told me that was the set standard and there are no plans to change it WHAT A JOKE!! MEN GET AWAY WITH EVERYTHING
  • kevin137
    kevin137 Posts: 1,509 Forumite
    I have 5 Kids, 2 girls and 3 boys of which there is 3 Fathers. How come one of the fathers only pays £120 per week who is father to 1 of my children and yet the father of 2 of my children pays £280 for 2 kids. He should pay £140 which is half. Fathers should be sent to prison for at least 2 years if they don`t pay, I had one bloke who I had a one night stand with kill himself and now His girl is suffering because I don`t get any money from him. I did get his inheritance money after a court battle but the law needs to be changed so that men have to get insurance like a car if they die it goes to the keeper of the child.
    Also this 60% protected income rubbish is set way to high for men it should be 50/50
    Does anyone else feel the same way I have written to my MP about this but he told me that was the set standard and there are no plans to change it WHAT A JOKE!! MEN GET AWAY WITH EVERYTHING


    Are you for real...???

    You get £140 a week from one man
    Another £280 a week from a different man

    Complain one dad was so screwed up he committed suicide and you don't get any money...

    I am not sure i read all that right, but if i did, you are one really ungrateful woman... And i bet you get your fair share out of the benefit system as well...!!! No sympathy for people like you...!!!

    As for being sent to prison for at least 2 years, how about sending women to prison for 2 years who don't allow there kids to see there fathers...??? I think that should be imposed on women like you. Is that fair...??? Because i bet you don;t allow your kids dads to have overnight etc as it would reduce your INCOME...!!!
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