Child Maintenance Need Direction

Royal Legend

Hi everyone, I know you cannot advise on here but I would like some direction if possible or even if someone PM's me it would be much appreciated.

My Son lived with his Girlfriend for close on 2 years following on from them having a child. He was working when the Child was born and always paid his way. Considering he was 17 at the time, this was an achievement and he got a job straight away, minimum wage.
Between deposits for houses and also buying a car for his girlfriend he emptied his CU account. the relationship was fractious and often they split and he came home, only for a few weeks later for them to get back together, another house, another deposit.
In fairness to him he stood up to his responsibilities as a father, paid his way, and got what ever needed to be got for his son, as he still does today.
When he was split from the mother of his child he continued handing up money every week, while he was working. When he was made unemployed last year he handed up money every week still from what little he got from his unemployment benefit.
The child wants for nothing, new clothes, shoes, nappies etc, this is on top of his weekly payment and these new clothes, shoes etc is bi-weekly/monthly.
He has the child every second weekend for the whole weekend and one day mid-week and every Saturday. Most weekends the child is dropped up without shoes, or if he is staying over, vests and pyjamas, which means the young fella goes off and buys the child new ones that he then brings home to his mother never to be seen again.
Over the last couple of months they have stopped speaking to each other, the child still comes as usual. My Son is now just back working, but lo and behold he has just received a summons to appear in court as she is claiming maintenance! Not sure is she looking for a fixed sum going forward or backpay, but this is really taking the mickey. She has been getting money every week from my Son, no receipts though, and now she is trying to say she has been getting nothing. She is also pulling huge money every week as a lone mother, which she does not seem to spend much on the child. With her its all about money, her whole family is on the social, none of them work or any intention of working.
My question is, should he look to get a solicitor to represent him in court, has anyone that has been in this position before any advice?

ElleEm

Get him to contact Treoir, who are an organisation set up for unmarried parents. They will advise him on all of your queries.
I don't know if the maintenance would be backdated, but at least this is a lesson to your son to leave a paper trail and keep everything going through the bank. He should also look at keeping any if his kids clothes and bits he buys for him at his own house. He should certainly apply for gaurdianship and have his access stipulated through the court for his own protection too.

Royal Legend

ElleEm wrote: »

Get him to contact Treoir, who are an organisation set up for unmarried parents. They will advise him on all of your queries.
I don't know if the maintenance would be backdated, but at least this is a lesson to your son to leave a paper trail and keep everything going through the bank. He should also look at keeping any if his kids clothes and bits he buys for him at his own house. He should certainly apply for gaurdianship and have his access stipulated through the court for his own protection too.

Thanks, as regards the paper trail, he is still young and hopefully learn a lesson. As regards clothes, we do that, but the child arrives in wellies or shoes that are too big for him, he won't let the child go home the same way, so he buys him new ones for the sake of the child. Also the child sometimes arrives in ill fitting clothes, so he does the same for the same reason, the child.

Thanks for that advice, will get him to contact Treoir

The Muppet

definitely get a solicitor as your son can tell them everything before the hearing and let them do his talking for him in court . Speaking from the exact same experience as you are in it's money well spent .

Get your son to ask the solicitor about joint custody as well, it will protect his rights into the future.

My sons expeierece with the family court was a good one , Like yours he always provided for his child but never really documented it, His solicitor explained to the court and it all worked out well for him in court.

Good Luck

Royal Legend

The Muppet wrote: »

definitely get a solicitor as your son can tell them everything before the hearing and let them do his talking for him in court . Speaking from the exact same experience as you are in it's money well spent .

Get your son to ask the solicitor about joint custody as well, it will protect his rights into the future.

My sons expeierece with the family court was a good one , Like yours he always provided for his child but never really documented it, His solicitor explained to the court and it all worked out well for him in court.

Good Luck

Was he in court with the solicitor?

The Muppet

Royal Legend wrote: »

Was he in court with the solicitor?

Yes he was, But he had briefed solicitor before the court date the solicitor did most of the talking on the day. I dont think he would have said what needed to be said without the solicitor.