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Children act schedu...
 
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Children act schedule 1

 
(@opti123)
Active Member Registered

Hi guys,

 

Acrimonious separation, not married, 2 primary school aged children, pay full child maintainance. Sold my solely owned / maintained house and now ex wants a lump sum from it. 

I owe her £20k separately, which she refuses to take and is pleading poverty even though court order states she is able to need the needs of the children. 

She has threatened using the children’s act section 1 to claim some money Even though she refuses to accept what she is already owed. I am a slightly above average earner and by no means wealthy. 

Anybody any experience of defending a claim like this? 

Quote
Topic starter Posted : 13/12/2022 11:28 pm
(@dadmod2)
Illustrious Member

Hi,

if you have already been through courts to sort these issues out, I think you don't need to worry. A common reason a parent would use schedule 1 act to apply for financial provision for children, would be if they want you to contribute to child's university/private tuition fees in future for example. 

ReplyQuote
Posted : 14/12/2022 12:43 pm
(@opti123)
Active Member Registered

@bill337 thanks for the reply. To clarify,  I took her to court for child access. She tried bringing up finance but the magistrates didn’t entertain it. So ex has threatened to apply herself under section 1.

ReplyQuote
Topic starter Posted : 14/12/2022 12:48 pm
(@dadmod2)
Illustrious Member

@opti123 she can try. if your not already paying child maintenance through CMS, they will likely tell her to apply to CMS.

ReplyQuote
Posted : 14/12/2022 1:13 pm
(@opti123)
Active Member Registered

@bill337 I pay CMS. Plus she refuses to accept her £20k so would hope the courts would class that as a first port of call. Thanks for your info!

ReplyQuote
Topic starter Posted : 14/12/2022 1:17 pm
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