[Solved] Step dad wanting to take dad to small claims

I think the 50/50 element might work against you, as the court might consider that you both support the kids equally. It's difficult to have a firm opinion on it and as with any civil court case, predicting outcomes is near impossible.

You could try a notice before action letter, to give him an opportunity to make an agreement about sharing the costs of extras that you pay for exclusively... if he doesn't pay any maintenance then he should contribute.

I very much doubt the small claims court would progress your claim - the CMS are there to deal with maintenance issues, so if he pays that amount, then there is no legal liability for him to pay more, and the small claims court would not override that as far as I am aware,

Hello Dave Turney

In regards to taking legal action against your step-daughter's dad, to get specific information you really need to seek legal advice. You may also benefit from talking to your local Citizens Advice Bureau.

All parents do have the legal responsibility to provide financially for their children, however, as you have indicated there is a shared care arrangement in place this could mean that no maintenance is required to be paid depending on the level of care.

Shared care of a child, or children, is a factor when calculating child maintenance and overnight stays with the paying parent do reduce their payments. If the level of care is exactly 50/50 then you may find that these is no requirement to pay maintenance at all.

If a family-based arrangement is not possible between your partner and the paying parent, she can consider making an application with the Government's statutory scheme, the Child Maintenance Service. They can act as a third party between parents and help set up a maintenance arrangement.

Child maintenance is calculated based on the gross income of the paying parent and other factors are taken into account. However, if the paying parent can prove that they carry out an equal amount of day-to-day care as well as having equal shared care then the Child Maintenance Service may regard neither parent to be the paying parent so their child maintenance would be set as nil – even if one parent receives child benefits or tax credits as the child’s parent. Where there is equal day-to-day care, and there is no paying parent means that there cannot be a statutory case and the Child Maintenance Service would not be able to process the application as there is no identifiable paying parent.

If your partner would like to consider trying to put a maintenance arrangement in place, Child Maintenance Options can help by providing all the information about the options that your partner has.

You and your partner may also be interested to know the Department for Work and Pensions (DWP) have a website, 'Sorting out Separation'. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is http://www.sortingoutseparation.org.uk/

For more information and for a more personalised service, you and your partner may wish to visit the Child Maintenance Options website yourselves at http://www.cmoptions.org, or contact them directly.

Regards

William