What is 'reasonable extras' +what happens at magistrates court?

[BrianAndHisBalls]

This has been ongoing for a while, so long sorry.

My exh and I have a court order that states he should pay half of all school fees plus 'reasonable extras'. He hasn't paid for over a year.

I got the county court to send the non payment to the magistrates court before the year deadline was up, and they have been working on it since.

I put things such as school trips/ uniform /ballet lessons / summer workshops / after school care etc on the list as well as the normal fees.

The magistrates court have said that they have written to exh to see if he agrees with my 'extras'. He had 14 days to respond but has not. They now say he will be summoned to a hearing where the magistrates will decide what is 'reasonable' or not, and also at the same time when/how much (of the whole amount) he has to pay.

My questions are

1. why say he had 14 days to reply if he can just ignore it with no consequence? Will the magistrate take into account he didnt respond?

1. They've said if he doesn't turn up it will probably get rescheduled. How many times could this happen? Any penalties?

1. What is the likely amount he would be asked to pay and over what period (he owes £3.5k without the extras £4.5 with). He says he earns £16k and has no bills as lives with his father. I'm a bit scared I'll get awarded £5 a week.

Any help very gratefully received, thank you.

It's all a bit sh1t, isn't it? The courts have very few powers to penalise people for refusing to comply with their instructions or for doing stupid things. So although the best option for your ex would have been to reply within 14 days he will not be penalised, except that he now has to make a trip to court. Me ex did stupid things like this when we were getting divorced and it was infuriating that she could get away with it without any penalty.

Someone else will need to help with details of rescheduling and payment but I hope you get it sorted out quickly.

thank you nocake, it seems really strange that there aren't any penalties

The court needs to try and ensure someone has the means to pay a debt but there is a limit to how often cases will be rescheduled. When someone compelled by the court fails to attend the court may attach a penal notice and ultimately issue a warrant their arrest. Often though the court just gives them enough rope to hang themselves, then makes an order anyway and awards costs against them.

thanks STIDW - so do you think it goes against them if they ignore letters/dont turn up?

I'm just finding it really strange that he hasnt responded as he is a solicitor himself

If someone chooses not to have the means to pay a debt, ie spends their money on fags/beer/ps3s etc, I take it the court wouldn't look kindly on that?

sorry for all the questions i just feel a bit nervous as he's a solicitor and Im not!

bumping for evening crowd