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Maintenance Hearing.

  • 16-05-2011 12:43pm
    #1
    g5
    Registered Users, Registered Users 2 Posts: 15 ✭


    A question,
    I have a solicitor.
    ,Just a little worried,
    My ex husband has never being great at paying maintenance.
    I am also not one of these gold digger woman some men class ex wife"s as,
    My husband took me to court in June for a variation order,the Judge told him ,no and he was earning enough to cover the amount.
    And did not grant the variation order,
    I believe the same Judge again.
    This guy will say anything in court , one day he told the judge we were not married,hence I didn't have a marriage cert with me ,court adjourned...
    So tomorrow I go in to enforce the court order for maintenance as yet again he is in arrears ,first time I have done this,
    I dread it because the lies he comes out with,I also feel he should provide or help towards his daughter,I do,hence not going for arrears before..
    I have statements of what he owes ect,So I"m well prepared,,
    How does the Judge enforce the order,?
    And If he has to pay arrears
    how long before he has to do so.?
    Thankyou so much.


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    It all depends on the judge. He may decide to throw him in prison if he doesn't have the money with him on the day or he may give him time to come up with it.


  • #3
    g5
    Registered Users, Registered Users 2 Posts: 15 ✭g5


    Thank you for the reply.


  • #4
    sophia25
    Closed Accounts Posts: 265 ✭✭sophia25


    I was in court for enforcement of maintenance arrears of 6k in November. Judge told him to pay 1.3k the next day and to resume maintenance with additional €30 off arrears per week. He did this for a while but now only paying half maintenance and nothing off arrears so they're back up to 6k again. Went back into court office to say he's not complying with enforcement order what can I do. I have to bring him back to court to enforce the enforcement order and it takes 7 weeks to get back into court. The last 2 court hearings he never even showed up. There seems to be no way of enforcing compliance. The judge issues the order, assumes it will be complied with and if it isn't....... I've to wait 7 weeks to get back to judge. At this stage I have no faith in system and really wonder what is the point of getting an enforcement order if they have no power either. Best of luck with your case, but if you're ex is not intimidated by judge, he can just keep refusing to pay.


  • #5
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    I have a friend who back in the early 90's was in arrears with maintainance. His ex took him to court over it and the judge jailed him for a week and said she'd keep him there till he paid. She said it was contempt of court not paying his maintainance as ordered by the court. he ended up doing 3 weeks before being able to get together the £2500(or thereabouts).

    O.p maybe you should ask your solicitor about getting him for contempt as was done in the above case.


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