Simplified version: Can expand in the comments
Myself and partner (who has 2 kids with an ex) have 50/50 agreement
Kids dad (despite our best efforts) has never paid for share of school uniform, school dinners,shoes, trainers, trips, clubs and now underwear! etc etc
My partner (Mum) doesn't work (we now have 5 kids between us)
We have kept records and can show the child tax credits don't even scratch the surface of the costs (his defense as to why he does not contribute any money financially towards these items)
We are applying for maintenance but at 50/50 there's a small amount for him to pay.
Buying him underwear for my step daughter for his house was the last straw, he has a full paying job and can easily contribute.
I have an abundance of evidence, receipts and records, can I (should) I take him to small claims as a step dad.
I love these kids and up to now been happy to move on and fully support their upbringing knowing hes had the chance and chose to to contribute, kids will get older and learn the truth and its upto them on how they want their relationship with their dad to be, but not buying your daughter a bra takes the biscuit!
Perhaps he feels too embarrassed to buy his daughters underwear or talk with her about it, it's quite a personal thing for some Dads.
I'm not making excuses for him, but it may be something to consider. If he has the kids equal time, then he also has the responsibility of providing a roof over their heads and all that that entails.
We thought about that , but nope. We took her to get sized, we provided a link with a 1 click purchase for the size and fit needed and we got a reply from step mum stating they would do it. 6 week later its not been done.
That's not good... there's not a lot that you can do about unfortunately, absolutely it was wrong of them to say they would take care of it and then not follow through with it.
So do you have any thoughts on me taking him to small claims court, in the hope it prompts him to start supporting the kids?
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