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differents in warrants

  • 08-12-2009 02:30PM
    #1
    MariMel
    Registered Users, Registered Users 2 Posts: 323 ✭✭


    hi all

    I have a a question or two that i want cleared up in my own head.
    If anyone has any info i'd be grateful.

    Firstly, why will my district court no longer take my sons father to court for not paying maintenance?
    He already has missed 6 months. They say I know have to take him to the small claims court eventhough it is a court ordered maintenance argreement.
    They say that only if it comes directly from his wages will they go after it for me!
    I know they cant put him in prison as its against the recent high court ruling but to not even take him to ask him to pay or even send him out a letter??

    Which goes to my second question.......why will my son's father not go to the 3 months he had been previous sentenced to for not paying maintenance when a friend recently was arrested for non payment of a fine and was only released when a friend arrived to pay the fine minutes before they were being taken to prison in dublin!!!!

    why does if one person not go to prison for a payment for his sons upkeep, yet another does because they owe 220 for non payment of a tv licence????? (person owing 220 has on numerous occasions tried to pay the fine by installments as they are on 204 jsb, and were told that they had to pay the total in one go)

    surely the government realises that by finding a way to get the money from my sons father, they will save money by not having to give me the extra money in my lone parents payment!!!


Comments

  • #2
    Ab roller plus
    Closed Accounts Posts: 55 ✭✭Ab roller plus


    I have experience with Dundalk and maintenance applications. Unfortunately if you dont have a solicitor the court staff will tend to fob you off. The are using the recent high court decision not to issue committal warrants directly to the gardai. Are they are right in doing this.

    But. I think the High Court decision stated that the provision of the Courts Act which allowed courts to issues commital warrants without a full hearing and without the debtor (in your case your childs father) being before the court was unconstitutional.

    You do have a number of options:

    1. Get your maintenance action before Judge Petrie O Donnell the female judge if possible - this might actually involved an application to the circuit court which you are allowed do. She is fair and doesnt fall for any excuses.

    2. If you have a district court order in place which the childs father refuses to pay then get him before the district court judge and he be committed to prison for failing to comply with a court order. To do this you could simply apply to get the current order varied. The idea here is that you get him before the judge and a good solicitor or barrister to do the rest. The judge will probably give him a bot of time to sort so money out but it should have the desired effect and get some payment. You could also bring an application for a lump sum payment at the same time.

    3. Bring a new appliction before the District Court seek an attachment of earnings order. If granted the order can be served on employer or on the social welfare and the maintenance will be deducted directly from wages or social. The employer would be in contemp of court if they did not abide by it.

    Get a solicitor who will stand up for you...its worth paying for.


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