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Maintenance Summons

barman linen · 2010-05-31 15:14:23

Hi, I understand I cannot get advice but was looking for some opinions and am about to consult my solicitor. I am separated and have made voluntary maintenance payments for the last four years. Due to a series of disputes about the care of the children I have reduced the amount of maintenance down to the guidelines of the…

31-05-2010 3:14pm

#1

barman linen

Registered Users, Registered Users 2 Posts: 262 ✭✭

Join Date: May 2010

Posts: 231

Hi,

I understand I cannot get advice but was looking for some opinions and am about to consult my solicitor.

I am separated and have made voluntary maintenance payments for the last four years. Due to a series of disputes about the care of the children I have reduced the amount of maintenance down to the guidelines of the district court and have requested my ex wife to review the separation agreement. She has refused to do this and I have now received a maintenance summons.

Can I be summoned to court when I have evidence of making payments up to the limits the court can award ?

Does she have to share her expenses with me prior to the court date...?

And here is the crunch - I have a holiday booked already with the kids and will be away for the appointed date - can I make representations before the date to get an adjournment or can I only make representations on the day ( or get my solicitor to do so ) ? Would a judge hear me beforehand as I do not want to look bad in front of the judge by not attending on the day.

All in all it seems a bit unfair that I am summonsed to court when I am in fact paying maintenance ( and have bank proof ) and could lose out on up to 3K for cancelling my holiday ?

Any opinions would be appreciated - as I said I am going to a solicitor tomorrow....

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