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small claims court

(4 Posts)
girlsmum1510 Wed 23-Mar-16 09:50:25

My ex husband is court ordered to do school holidays, and along with many other parts of the court order he refuses. Leaving me with huge childcare bills in holidays. He comes when it suits him tbh.

Would I be successful in a small claims court for next weeks childcare bill, given the terms of the court order?

ElementaryMyDear Wed 23-Mar-16 10:23:11

I suspect what you need to do is to try to claim more maintenance from him to cover the extra costs.

girlsmum1510 Wed 23-Mar-16 10:34:32

I already have the maximum by the csa calculator as he is under the 52 nights, despite being court ordered to have lots more.

So as he is refusing to turn up or have them for the holidays I would like to claim the childcare from him. I don't get any benefits like working tax credits and I don't need childcare in term time. Is he liable for costs in the week they should be with him?

Thank you

AnchorDownDeepBreath Wed 23-Mar-16 11:01:09

My understanding of court orders is the resident parent has to make the children available for contact for the non-resident parent is under no obligation to actually have the contact - so I don't believe you could use the court order as reasoning for him to fund childcare.

You could have a go and take this through the small claims court anyway but I suspect they will say it's a maintenance issue and not something for the small claims court to decide.

I'm not an expert, though.

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