How can I get evidence of this?

JaxMax

Sorry if this is in the wrong forum.

I had been paying Child Maintenance for my daughter until she reached age 18 and had started work.

She then decided to go on a Full Time FAS course and was in receipt of €185 (or thereabouts) per week - this was confirmed by the College on the phone, but just by them saying that anyone on that particular course and of her age would receive this amount, they weren't allowed to confirm her by name as receiving any money.

Her mother (my ex) is now claiming I am in arrears for her Child Maintenance for my daughter whilst she was in FAS claiming that the document from our legal separation states that if the child is in third level education I should still pay until she is 23. This it does, but it also states that the child should also be dependant, which she obviously isn't in my opinion, whilst receiving the FAS payment.

Incidentally, does anyone know exactly how 'third level education' is defined? I imagine it is something like College or University where the student receives no weekly 'wage' like they do in FAS?

My solicitor is useless. She has sent (or tells me she has sent) numerous requests to my ex's solicitor asking her to provide proof from FAS of the payments my daughter was in receipt of whilst on the course to corroborate her claim for maintenance arrears. All these letters have been ignored by either my ex or her solicitor.

My solicitor now tells me my ex is hardly likely to produce documents that will disprove her claim for maintenance arrears and to forget about it, to stop asking for it and that I can't make her produce it. But I don't want to go into court for my divorce hearing (we're currently legally seperated) to face an untrue claim of maintenance arrears without the proof to show that my daughter was actually being paid each week.

Is there any way I can get FAS to provide this information? I thought perhaps a letter from my solicitor to them might do it but she doesn't seem keen on doing this. FAS had previously told me that they could only provide this information to my daughter as she was over 18 at the time of the course, but she has taken her mother's side thinking that she will get a cut of the 'arrears' should I be forced by the Court to pay it.

Any ideas?
Thanks
Max

hullaballoo

If you feel your solicitor is not working in your best interests, you should change solicitors.

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