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Child Maintenance Order - Mothers obligation to follow it up

  • 03-03-2009 03:40PM
    #1
    LINDA08
    Closed Accounts Posts: 84 ✭✭


    Scenario,

    Child maintenance order in place 2 years, mother on illness benefit for 6months what is deemed a Long term illness (not life treatening) and will be for the foreseeable future while trying out new medications to eliviate symptoms, was made redundant November 08 (redundancy will cover mortgage payments for next 6mths or so).

    Child maintenance from father has been irregular since Christmas and has not been paid for last 4 weeks at all, it appears father has also lost his job, although doing a few nixers. He is ignoring all correspondence from mother. She would be willing to agree to even a temporary variance if he were to ask as she no longer has after school care costs for the moment as she is out of work but as I say he will not acknowledge her texts etc.

    As the Maintenance is Court Ordered is there a legal onus on the mother to report or follow up on the Court Order? We have found out from Citizens advice that he should have applied for a variance and is now in default of a court order but they were not sure about the onus on the mother to report non payment saying that they would assume that if she didn't the court may not look favourably on her should she follow it up 6 months or even 2 yrs down the line.

    Anyone been in a similar situation that may know specifically if the mother has any legal obligation to follow it up seeing as she had sought the original maintenance order.? Sorry should also have said they were not married incase it makes a difference.


Comments

  • #2
    Amazotheamazing
    Closed Accounts Posts: 8,048 ✭✭✭Amazotheamazing


    Ring you local Family District Court office, they will explain your options to you. Just ask to speak to a Clerk and then outline your situation.


  • #3
    LINDA08
    Closed Accounts Posts: 84 ✭✭LINDA08


    Amazotheamazing wrote: »
    Ring you local Family District Court office, they will explain your options to you. Just ask to speak to a Clerk and then outline your situation.

    Thanks, hadn't thought of the most obvious, we called in earlier and have a better understanding of the way the system works from speaking to them, appreciate your reply.


  • #4
    Amazotheamazing
    Closed Accounts Posts: 8,048 ✭✭✭Amazotheamazing


    LINDA08 wrote: »
    Thanks, hadn't thought of the most obvious, we called in earlier and have a better understanding of the way the system works from speaking to them, appreciate your reply.

    No worries. They can be very helpful and can sometimes recommend a solicitor who might be able to act for you.


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