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can I sue my ex partner for 50% of school fees via the small…

Customer Question
can I sue my ex...
can I sue my ex partner for 50% of school fees via the small claims court for our daughter. He paid them for 8 years them stopped - leaving me with a very large bill.
Submitted: 8 years ago.Category: UK Law
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Answered in 3 hours by:
6/29/2010
Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
Category: UK Law
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Did he agree to pay the remainder?

 

 

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Customer reply replied 8 years ago
When we split he agreed to pay 50% of school fees till my daughter reached 16 (shes only 15 now)
Solicitor: Jo C., Barrister replied 8 years ago

How much do you think his contribution would be?

 

Is she his child?

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Customer reply replied 8 years ago

We agreed 50/50 on school fees and yes she is his daughter.

 

 

Solicitor: Jo C., Barrister replied 8 years ago

 

You can sue in the county court for the sums you are owed under your oral contract with him.

 

Obviously that would exceed the small claims court arena so you do have costs to consider. you can issue here

 

www.moneyclaim.gov.uk

 

for 50% of the total bill.

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Customer reply replied 8 years ago

Ive had a leter from my ex's solicitor saying I cannot persue this in the small claims court and that she will apply to have it struck out and recover costs from me. Of course she does not say on what grounds. Another firm of solicitors has sent an acknowledgement of service saying that they will file a defence of behalf of my ex.

 

I dont want to waste loads of money - I just thought small claims was better than the family courts.

 

Thanks

Solicitor: Jo C., Barrister replied 8 years ago

No, its not a small claims court sum.

 

Obviously I haven;t seen his account for this and if there has been some form of divorce settlement which has erased his liability then this would be a dangerous move.

 

You really need to ask your own solicitors whether you have a claim at all as they will have had full vision of the case and other cases that you have. If you do not, you should not pursue this as you will have to pay costs.

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