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[Solved] 18 y/o taking father to court.

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Posts: 8551
 Mojo
Registered
(@Mojo)
Illustrious Member
Joined: 11 years ago

Hi there

I’ve copied and pasted, this from a solicitors website....

There is provision under Schedule 1 Children Act 1989 for an adult child, in education, to make an application for maintenance (periodical payments) from one or both parents, (the application cannot be made if the parents are still living together in the same household) but only if there was no maintenance order in force with respect to him/her before immediately before their 16th birthday.

Such applications these days are rare predominately because of the availability of student loans to pay for both tuition and living costs, but also that an adult child is unlikely to get legal aid to fund their application.

As can be seen, the provisions for adult children after the age of 18 can be complex and so it is always better for the parents to agree on how they are going to support their children through university and until

... I thought I’d have a quick look around the web to see if I could find any more info about your issue and found this...

https://www.lawsociety.org.uk/news/documents/schedule-one-children-act-1989/

I didn’t check out the case law mentioned in the above article, but you may find something there that applies to your situation.

Best of luck

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Posts: 5319
(@dadmod2)
Illustrious Member
Joined: 6 years ago

Hopefully this ridiculous case gets thrown out. Child maintenance/benefit rules say the money stops when child is no longer in full time, non advanced education. Uni is a privilege.

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Posts: 10
Registered
Topic starter
(@carlsberg71)
Active Member
Joined: 8 years ago

Hi Mojo,
Thanks for your reply. I’ve read that paper before whilst trying to delve into the Children’s Act. What always stands out is one of the cases where a woman is requesting the father pay for their 5 year old daughter a yearly membership for Annabels nightclub in London!!

I will keep you updated.

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Posts: 10
Registered
Topic starter
(@carlsberg71)
Active Member
Joined: 8 years ago

Hi Bill337,
I would of thought it would of done, but the judge has ordered a 2 day final hearing so it’s looking like it’s going ahead!!

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Posts: 8551
 Mojo
Registered
(@Mojo)
Illustrious Member
Joined: 11 years ago

Thanks carlsberg71... I’m really interested to see how this will develop, hopefully common sense will prevail and the correct judgement will be made.

Yes, please do keep us updated.

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