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maintenance order

  • 05-03-2008 7:28pm
    #1
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    if someone can help me please (i have searched the internet on this topic but i can't find an answer on this question).

    at a maintenance order hearing, the mother's side (with solicitor) spoke to the judge in district court but the judge refused the fathers side (also with solicitor) to have their say and made his ruling on her hearsay. is this normal procedure for the judge to refuse to hear the father's side.


    thanks


Comments

  • Registered Users, Registered Users 2 Posts: 3,000 ✭✭✭spinandscribble


    was there evidence from the gardai? it sounds strange...


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    no gardai involved - it was what maintenance payments she could claim from her ex partner nothing else but his solicitor was not allowed to put his side of the case


  • Closed Accounts Posts: 517 ✭✭✭SarahMc


    Very odd, do you know this is true?

    What does the father's solicitor say?


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    it was a friend of mine - don't know what their solicitor had to say after the hearing. friend was asking me for advice. think i am just going to suggest to them to get another solicitor advice on this or maybe ring the district court to find out


  • Registered Users, Registered Users 2 Posts: 932 ✭✭✭brokensoul


    it was a friend of mine - don't know what their solicitor had to say after the hearing. friend was asking me for advice. think i am just going to suggest to them to get another solicitor advice on this or maybe ring the district court to find out

    Judges should hear both sides before making a ruling. However, they are only human and they sometimes err.

    If your buddy feels the order was too high he can either apply to the district court for a variation order or appeal the decision to the circuit court.
    Variation order is probably the cheaper option.


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  • Registered Users, Registered Users 2 Posts: 43,311 ✭✭✭✭K-9


    Sounds strange. Did he submit a statement of income and expenditure?

    If he did, it was probably based on that. Both sides should submit the statement and it's decided on that. Sounds strange his solicitor didn't get a chance.

    As brokensoul said, appeal it or apply for the variation order.

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



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