Taken to court

My husband is being taken to court by his two estranged sons who are at university.

It is under Schedule 1 of the Children Act - they want him to pay them more money than he is currently paying them.

Any idea how we can avoid expensive court costs?

Has this happened to anyone else?

Comments

  • elsien
    elsien Posts: 32,270
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    edited 28 January 2020 at 7:23PM
    There is some information here about the legalities in case you weren't fully aware.
    https://becket-chambers.co.uk/2016/09/20/financial-support-children-act/

    The easy answer would seem to be reaching a compromise if you can afford to rather than going to court. Has he considered mediation?

    What is he giving them now, how much are they asking for, how much is the other parent contributing, and can he afford to pay more or not?
    Is it worth finding a solicitor who specialises in the area and at least getting a free consultation or paying for an initial discussion to find out exactly where you stand.
    How are they paying for the court costs or is someone getting legal aid?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • missimaxo
    missimaxo Posts: 383
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    I think for people to be able to advise fully we need more information. How much does your husband currently provide and how does this compare to what he paid/ would pay in child maintenance if it were through the CMS?

    It seems an extreme reaction however your stepsons obviously feel that he doesn't provide enough. University is now very expensive and parents are expected to top up the maintenance loans they can get, ive just been looking into it for my daughter. Her dad is switching what he paid me as maintenance to paying her when she goes to uni on september but I will top up that and her accommodation as the loan she will get wont even cover that.
  • badmemory
    badmemory Posts: 7,514
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    Is the availability of the loans to his sons being reduced because of his income?
  • silvercar
    silvercar Posts: 46,755
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    If they are estranged then their father's income won't be taken into consideration when calculating loan entitlement.

    In fact, if they live with their mother, then it is the mother's household income that is used in the calculation.
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  • badmemory
    badmemory Posts: 7,514
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    I wondered if estranged just meant separated from the mother & not divorced. Although going to court does seem "very estranged" as in not ever speaking or communicating.


    I have to say I find some parents attitude to their children interesting. I know one who for no reason at all wouldn't p*** on his child if he was on fire & another who would go to the ends of the earth to help his & would do more for mine than his own father would. People, I'll never get why some are as they are.
  • University tuition fee refund due to UCU strikes
    I’m at Goldsmiths, and this is the third lot of strikes that have affected my course. I struggle to pay my own fees as I get no support from govt. I estimate I’ve lost £1000.00 in fees. Roughly equal to the amount I managed to crowdfund, sadly. My college has a policy of 'no refunds’. How is this fair and can I challenge this? Other students (full time international students in particular) have lost much more. 
  • DCFC79
    DCFC79 Posts: 40,595
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    edited 9 February 2020 at 8:14PM
    Shami71 said:
    University tuition fee refund due to UCU strikes
    I’m at Goldsmiths, and this is the third lot of strikes that have affected my course. I struggle to pay my own fees as I get no support from govt. I estimate I’ve lost £1000.00 in fees. Roughly equal to the amount I managed to crowdfund, sadly. My college has a policy of 'no refunds’. How is this fair and can I challenge this? Other students (full time international students in particular) have lost much more. 
    I don't think its relevant to the thread, should start your own thread rather than hijack someone elses.
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