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Can the district court over rule the circuit court

  • 17-02-2010 11:32am
    #1
    Registered Users, Registered Users 2 Posts: 43


    A little background. I'm seperated since early 2008. In the spring of that year my ex took me to court for maintence, the judge was about to award 215 a week when she stood up and cried and lied under oath saying she had cancer therefore could not get a job as no one would hire her (complete lie). So without any proof of this the judge awarded her 500 per week. Please bare in mind that I'm self employed and my income is just under 30000 a year. Needless to say I eventully went out of business after 8 months of paying her this amount as I could not sort out my taxes.
    We then went to the circuit court where the judge awarded me 1,000 euro out of our joint re-mortgage account to get myself back up and running. The maintenance at this stage was nearly 5,000 in arrears. The judge awarded her that amount and also gave her 10,000 to pay off arrears in the mortgage (during the 8 month between her maintenance and her other incomes she had 900 a week coming in but didnt think she had to pay the mortgage out of it, she decided to live the high life instead). She wasent so much as asked why she didn't bother paying it- just bailed out. Anyway the circuit court judge reduced the maintence to 200 a week. That was march 2009.
    Last month i went out of busniess and it doesnt look like I'll be able to fix it this time. Here's the important part:

    My ex wife has gone back to the District court and sworn under oath that I am over 9000 euro in arrears of maintentence and has told the judge that it still at the 500euro a week rate (ironically its the same judge she lied to the first time round that awarded her that amount). She didnt mention that the circuit court had over turned it and lowered it. The arrears are only about 1900 altogether and I have all the proof of this. I know the she is still not paying the mortgage and is probably hoping that the judge will bail her out again.

    My question is, will the district court judge simply through this out on the day based on the fact that she misled him and that the circuit court have been dealing with it?


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    You can't seek legal advice here I'm afraid.

    You need to see a solicitor.


This discussion has been closed.
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