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Can't afford maintenance

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  • 09-07-2014 10:29pm
    #1
    truth44
    Registered Users Posts: 9 ✭


    Hi , looking for some advice please.
    My partner has lost his job and has no income at all and is not able to get any social welfare payment at all as he had been self employed and lost all his business.
    His ex wife is a very malicious vindictive person and I have been paying his maintenance but just can't afford to pay it anymore as I have three children of my own and they are going with out so that I can pay her maintenance .
    She drives a new car , has a great social life and we are both under huge pressure to pay this but I shouldn't have to pay her anything .
    She knows I am paying my partners maintenance and said she didn't care less where he got the money as long as she got paid.
    Can he go back into court and explain that he has no income at all .
    I can't afford to keep paying it .
    Help


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    #2
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Yes, He needs to go back to court and apply for a variation order
    http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/maintenance_orders_and_agreements.html

    Varying the amount of maintenance
    It is advisable to update weekly maintenance payments annually. Where maintenance orders have been made through the courts, either party can at a later date apply to the court to have the amount varied. (Varied means having the amount increased or decreased). In order to do this, you will require a variation order.


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    #3
    josealdo
    Registered Users Posts: 745 ✭✭✭josealdo


    truth44 wrote: »
    Hi , looking for some advice please.
    My partner has lost his job and has no income at all and is not able to get any social welfare payment at all as he had been self employed and lost all his business.
    His ex wife is a very malicious vindictive person and I have been paying his maintenance but just can't afford to pay it anymore as I have three children of my own and they are going with out so that I can pay her maintenance .
    She drives a new car , has a great social life and we are both under huge pressure to pay this but I shouldn't have to pay her anything .
    She knows I am paying my partners maintenance and said she didn't care less where he got the money as long as she got paid.
    Can he go back into court and explain that he has no income at all .
    I can't afford to keep paying it .
    Help


    i know loads of lads not paying a penny .

    i know one guy left his wife with mega debt . the judge said pay up or go to jail . send me to jail then . nothing came of it .

    i know other lads been reamed for every penny .

    guess its down to the individual


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    #4
    truth44
    Registered Users Posts: 9 ✭truth44


    Thanks ken
    Will get that sorted ASAP


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    #5
    Gillo
    Registered Users Posts: 5,566 ✭✭✭Gillo


    From my limited experience Truth44 (I've have a separation agreement and am basically waiting for it to go to court for the actually divorce), there was a "clause" in the agreement that if circumstances change your partner should be able to get the agreement reviewed or changed.
    If he has a record of paying maintaince and can show to a judge that his income has seriously dropped he should be able to get the level of the payments changed.

    Again though I'll stress this is coming from my limited knowledge, luckily I haven't been in a situation where I have had to do this so I'm not sure how easy it is to do this.


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