Hi, have been mulling this over for a while, can't find advice that matches my situation and I think I need to act soon. Hope this is not too much info...
I have 3 DC (19, 17 and 11) with Ex being father of all three. We lived together for 18 years but were never married. It was his decision to finish the relationship and leave the family. The children are fully resident with me, except oldest who is at uni. Ex pays minium maintenance for his income via CMS for the younger two. But he does this begrudgingly and will not support school trips or extras. He feels everything should be down to me because of the maintenance. He has recently married someone without children.
When eldest wanted to go to uni, Ex efused to help out financially, act as guarantor or go on the Student Finance application. I did that on my own and eldest got the full basic loan plus a grant for about £3,000 on top - due to my income level and still having younger DC as dependants. That was the last year of grants though and if my income stays the same, and the younger two go to uni, they will be offered that amount as a loan instead, on top of the basic. In fact my income might rise slightly as I won't have to reduce hours for childcare as youngest gets older. But that would probably decrease the amount of extra loan my middle DC for example, could borrow. I would also probably be assesed to make a financial contribution. Either way, their father is not contributing at all which seems wrong and it means the DC have to take on much more debt than if he was at home and his income assessed.
Ex now earns well over £50,000, has company car etc but refuses financial support beyond FE, and that only because CSA enforce it. So though he is very comfortably off, he is not a super high earner. There has never been a court case or order regarding maintenance because we were never married. He will not dicuss uni costs, wills or financial protection for the children or attend mediation.
Can anyone tell me whether I can tackle this legally? I have read that if I had a court order beforehand, I could have extended it, but I am not sure if it is too late to apply for one now. Or whether court is only possible if you were married? Not thinking of the oldest, he is almost finished, but for the younger two. I worry that this is limiting their aspiration as the 17 yr old is already saying he doesn't want to apply to uni because of the cost. I slso read that children can take parents to court themselves for support with HE but middle DC is very conflict -averse and would not do this. It would have to be me and I need to act in the next six months before he turns 18.
Thanks very much in advance for any advice or similar experiences.
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Can I bring a court case for supporting DC's in higher education?
13 replies
Miniminimus · 11/11/2017 15:06
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Familylawsolicitor ·
12/11/2017 07:54
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babybarrister ·
13/11/2017 15:41
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