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Support of 19 and 21 year old children

  • shayenic
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31 Oct 10 #231980 by shayenic
Topic started by shayenic
My husband lost his job last year. He has been working on setting up a new business and interviewing for new jobs. He agreed with his ex that he would pay £5 a month for each child while he is out of work. Youngest (19) still has payments through ex, Eldest (21) has payments direct.

Eldest has now filed a judgment summons. She is suing for arrears. Ex tried to do the same for youngest - payments are made through an order registered with the courts. Court wrote and said he had no arrears but had to start paying child support again at old rates.

He is filing a form A - my question is, does he have to file one or two form A's? As the order is between him and his ex - can he just send it to her?

Please help as ex will file another judgment summons tomorrow I am sure!

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31 Oct 10 #231988 by Fiona
Reply from Fiona
You need to send copies of documents to all the parties to proceedings, or their solicitors if they are represented.

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31 Oct 10 #231989 by shayenic
Reply from shayenic
But do I have to pay 2 filing fees?

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31 Oct 10 #231990 by Fiona
Reply from Fiona
Not unless there are two actions being heard separately. Strictly speaking it is your husband who is subject to the proceedings and orders, does any filing and liable for any fees.

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31 Oct 10 #232020 by shayenic
Reply from shayenic
if only.... as I earn enough to take us out of legal aid, I am responsible for any costs

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31 Oct 10 #232041 by Fiona
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The point has been missed. You are not party to the court's stipulations, orders, sanctions or legally obliged to pay costs. It would be your husband who is legally liable and if necessary pursued, not you.

Your finances are only relevant because it is assumed you should contribute to your household expenses proportionately, thus reducing his need to legal aid.

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31 Oct 10 #232042 by shayenic
Reply from shayenic
hmmm... that has not been my experience. I have had to separate our joint account to show my husband's income separately. I have had my husband's ex wife call up my mother in law and tell her how much I earn which she found out from a court hearing.

And if she goes after my husband, she goes after me as how can I let him suffer if he doesn't earn enough for what she wants?

And if he is unemployed - which he is as he was made redundant - and she comes after us for money he doesn't have and we have to pay for court orders - then it is me who has to pay.

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