Maintenance summons issued

Munstermad

Can anyone tell me who serves this summons, garda, court official, postman? Does it have to be served in person? And what can I expect to happen in court on the day we go to court? ex not paying any maint, is a civil servant?

Thanks a million

445279.ie

Served by registered post either by solicitor or court clerk.

On the day of court applicant gives evidence in relation to income and expenditure (so have statement of means all made out). If respondent appears they do the same and the Judge makes his/her order.

Munstermad

Sorry counple more questions, What happens if he does not appear?? Do i put mine and childrens expenses in income and expenditure?? Do I need receipts for groceries utilities etc???
Thanks

Croc

An order for maintenance will be made in his absence usually.

Yes, outline all expenses.

You may need to furnish some receipts e.g. bills like Utility's etc. I doubt the courts would expect you to keep receipts for each time you went shopping just outline your average weekly spend, once its not over the top they normally accept what you say.

Each Court\Judge is different so its hard to give hard and fast rules.

eagle_&_bear

Munstermad wrote: »

Sorry counple more questions, What happens if he does not appear?? Do i put mine and childrens expenses in income and expenditure?? Do I need receipts for groceries utilities etc???
Thanks

Your Solicitor will take care of this.

It must be sent by registered post so there is, whats called, proof of service. don't get worried about this but it basically means someone signs for it and 99% of the time it is the person who it is mailed to, either at the front door or in the local sorting office so its just tee-ing up procedural matters.

If someone chooses not to attend court or a hearing when they have notice on the matter, then the Judge will deal with that issue.

As for receipts: whilst not every judge will want itty bitty receipts, it is never any harm to keep everything.

Rationale here is simple. if you are suing me and you claim X amount and I say prove it, the onus is on you to prove the figure you are seeking. simple thinkings really

Croc

Just for clarification on eagle_&_bear last sentence you are not suing the father for a specific amount. You are saying i need money to maintain myself and our children. You outline you income and expenses father does the same and the court makes a determination as to how much he needs to pay to quote from the law an the matter. "the other spouse make to the applicant spouse periodical payments, for the support of the applicant spouse and of each of the dependent children of the family, for such period during the lifetime of the applicant spouse, of such amount and at such times, as the Court may consider proper".


http://www.irishstatutebook.ie/1976/en/act/pub/0011/sec0005.html#zza11y1976s5

Munstermad

All your advice has been great, so if am understanding correctly I put in my income and my families living expenses and the Judge determines a fair amount of maint to be paid. I don't request x amount. Thats seems fair enough. Have I any hope of recovering any of the maint he hasn't paid??? Not too optimistic about this.:rolleyes:

Croc

Munstermad wrote: »

All your advice has been great, so if am understanding correctly I put in my income and my families living expenses and the Judge determines a fair amount of maint to be paid. I don't request x amount. Thats seems fair enough. Have I any hope of recovering any of the maint he hasn't paid??? Not too optimistic about this.:rolleyes:

Yes put Income etc forward to the Judge Father does same and he makes a decision.

The maintenance will be backdated only to the date the summons was issued.
That was the case anyway, i am subject to correction.

eagle_&_bear

Croc wrote: »

Just for clarification on eagle_&_bear last sentence you are not suing the father for a specific amount. You are saying i need money to maintain myself and our children

well aware of this - I was explaining the rationale of proving expenses -that is all

Croc

eagle_&_bear wrote: »

well aware of this - I was explaining the rationale of proving expenses -that is all

I know you were Eagle, just that i could see from the posts that the OP was not very familiar with law and procedure, just removing any ambiguity.