Hypo Divorce Scenario

the_wheel_turns

Dave is married to Ann. They have 3 children together. Dave's eldest child, Ben, is from his first marriage. Ben has spent his weekends and a portion of his holiday time with Dave & Ann since he was 4 years old and considers Ann a "second mother", in addition to treating his half-siblings as normal brothers and sisters.

Ann decides to amicably divorce Dave, and, being the primary breadwinner, is happy to support Dave and the children with whatever they require.

Ben, who has recently started college, has been told by his father that Ann is refusing to contribute maintenance towards him and he is no longer able to afford to continue in third-level education.

Ben approaches you for help with a view to suing. Advise him.

johnnyskeleton

He wants a woman who is not related to him other than by going out with his father and puts him up for the weekends and holidays to pay money for him to go through college?

How old is he?

the_wheel_turns

johnnyskeleton wrote: »

He wants a woman who is not related to him other than by going out with his father and puts him up for the weekends and holidays to pay money for him to go through college?

How old is he?

*married to his father, i.e. step-mother to Ben.

For argument's sake, she has been a de facto mother to Ben and Ben is 18 or 19.

chopser

He is over 18 and if he wants to go to college that is his burden.Even if she was his birth mother she still is under no obligation to put him through college.

MagicSean

the_wheel_turns wrote: »

Dave is married to Ann. They have 3 children together. Dave's eldest child, Ben, is from his first marriage. Ben has spent his weekends and a portion of his holiday time with Dave & Ann since he was 4 years old and considers Ann a "second mother", in addition to treating his half-siblings as normal brothers and sisters.

Ann decides to amicably divorce Dave, and, being the primary breadwinner, is happy to support Dave and the children with whatever they require.

Ben, who has recently started college, has been told by his father that Ann is refusing to contribute maintenance towards him and he is no longer able to afford to continue in third-level education.

Ben approaches you for help with a view to suing. Advise him.

I'd advise him to get a job.

28064212

chopser wrote: »

He is over 18 and if he wants to go to college that is his burden.Even if she was his birth mother she still is under no obligation to put him through college.

^--- This surely? I'm no law student, but surely even biological parents aren't required to put their children through college

the_wheel_turns

28064212 wrote: »

^--- This surely? I'm no law student, but surely even biological parents aren't required to put their children through college

Indeed, the age extends to 22 while the child is in full-time education. This is well-established, hence the issue arises in this hypo.

I'd like to make the argument that he ought to have cause considering she acted as a de facto mother, but owing to the dearth of case law surrounding this very particular problem, my probable advice to Ben would be to get a job.

johnnyskeleton

the_wheel_turns wrote: »

Indeed, the age extends to 22 while the child is in full-time education. This is well-established, hence the issue arises in this hypo.

Definition of a dependent child from the Maintenance of Children and Spouses Act:

"dependent child of the family", in relation to a spouse or spouses, means any child—
[GA]( a ) of both spouses, or adopted by both spouses under the Adoption Acts, 1952 to 1974, or in relation to whom both spouses are in loco parentis, or
[GA]( b ) of either spouse, or adopted by either spouse under the Adoption Acts, 1952 to 1974, or in relation to whom either spouse is in loco parentis, where the other spouse, being aware that he is not the parent of the child, has treated the child as a member of the family, who is under the age of sixteen years, or, if he has attained that age—
[GA](i) is or will be or, if an order were made under this Act providing for periodical payments for his support, would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of twenty-one years, or
[GA](ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for him to maintain himself fully;

So maybe such a person would be considered a dependent child if it can be proved that she acted in loco parentis. But if he only spent weekends and holidays with her then that could be difficult.

the_wheel_turns wrote: »

I'd like to make the argument that he ought to have cause considering she acted as a de facto mother, but owing to the dearth of case law surrounding this very particular problem, my probable advice to Ben would be to get a job.

The problem is that, even if he were a dependent child and satisfied all criteria, maintenance payments are made between spouses or, in the case of unmarried parents, between the health boards.

It is an interesting idea, but ultimately I don't think an application by a child seeking an order that his father's ex wife pay for his college is legally stateable.

Further, the fact that he could be a dependent child because he is in full time education, does not necessarily mean that he is entitled to continue on in full time education.

Finally, if such a person can't afford college, they are unlikely to be able to afford a solicitor to bring such complex proceedings.