variation of maintenance order

GismoBaby

if i needed to can i get the above order changed in a court other than the one in which it was made? like in another county? or can it only be altered by the court who issued it?

ms horatio

Many years ago I had a maintenance order granted against my ex.When he moved to a different county and went to vary the order in his "local" court he was told he had to apply to the original court that the order was granted.Seems once the ball starts rolling-so to speak-it stays in that court:cool:

skearnsot

Hi all

my ex has been paying maintenance of €50 per week but only seeing one of his children as the others dont want to spend time with him when he is with his new girlfriend (which is always). He wont sacrifice any time with her to make time for his kids. Anyhow i digress
He recently had an accident at work in which he injured himself and is now off work pending an operation.
I have been summonsed to court for a maintenance variation whereby he wants to reduce the payments - as he cannot afford them. however it hasnt stopped him from going to london for a week with his girlfriend - all splashed all over fb on days out, nights out in the pubs, concerts etc etc all whilst he's been off sick

should i present this evidence in court?? or have any others of you experienced this

cheers in advance

ohnonotgmail

skearnsot wrote: »

Hi all

my ex has been paying maintenance of €50 per week but only seeing one of his children as the others dont want to spend time with him when he is with his new girlfriend (which is always). He wont sacrifice any time with her to make time for his kids. Anyhow i digress
He recently had an accident at work in which he injured himself and is now off work pending an operation.
I have been summonsed to court for a maintenance variation whereby he wants to reduce the payments - as he cannot afford them. however it hasnt stopped him from going to london for a week with his girlfriend - all splashed all over fb on days out, nights out in the pubs, concerts etc etc all whilst he's been off sick

should i present this evidence in court?? or have any others of you experienced this

cheers in advance

if he is claiming reduced means then you would be remiss not to present any evidence you have to the contrary. Speak to your solicitor about how best to do this.

aierlan1000

ring the local court office and see what they say-sounds like you would have to go back to original court initially anyway.

skearnsot

aierlan1000 wrote: »

ring the local court office and see what they say-sounds like you would have to go back to original court initially anyway.

it is going back to the original court - but im not impressed by him telling me that he has no money to pay for food for his kids and yet he can be touring and concerting and drinking his way through his time off sick. He claims he is receiving €188 per week now. He also claims his girlfriend paid for the holiday to london and the concert.

i dont give a hoot where he goes or who he goes with as long as he lives up to his responsibilities

selastich2

skearnsot wrote: »

it is going back to the original court - but im not impressed by him telling me that he has no money to pay for food for his kids and yet he can be touring and concerting and drinking his way through his time off sick. He claims he is receiving €188 per week now. He also claims his girlfriend paid for the holiday to london and the concert.

i dont give a hoot where he goes or who he goes with as long as he lives up to his responsibilities

If his income has changed then he is entitled to get the maintenance order reviewed by the court to reflect his current situation.

skearnsot

To which i dont have a problem with - my question is should i present all evidence of a lifestyle that exceeds €188 pw? or am i just peeing against the wind? im a stay at home mother to the kids he wants nothing to do with.

selastich2

skearnsot wrote: »

To which i dont have a problem with - my question is should i present all evidence of a lifestyle that exceeds €188 pw? or am i just peeing against the wind? im a stay at home mother to the kids he wants nothing to do with.

But does it show this?

His girlfriend could have paid for the trip. I assume you don't expect her to pay for your/her partners children? He only recently lost his job, it could have been pre-paid?

If you can show he has another hidden source of income or something I think you could be in with a chance.

I'm no legal eagle or anything, so perhaps collect all the evidence you can, but a trip to london alone wouldn't cut it IMHO.

skearnsot

He hasnt lost his job at all - he is off because of an injury at work. His girlfriend may well have paid for the trip but they stayed in an exclusive part of London for over a week, went to a football match, stayed in a hotel, ate and drank out every day and night etc...............

then went to belfast for a concert for a weekend. the day before he went to london he was telling me that he couldnt afford to pay the maintenance cos he was off sick from work

never in my dreams would i expect his gf to contribute towards his kids!

lifeandtimes

Again it could be his gf paying for this or it could have all been pre paid and funded by savings up until that point.

If he is off sick from work then his job may not pay for sick and he has to claim from sw.

Evidence of a holiday is not enough to confirm he can afford maintenance,as another poster said unless you can provide evidence he has another means of income or his job are still paying him his full wage he was previous to this accident then I don't see facebook pictures being evidence.

However some good news is he will have to provide statements of means to show how much he is receiving and outgoing so your children will receive what he can afford

Just a note all the Facebook stalking isn't going to get you anywhere I'm opinion...leave it and stick with the cold hard facts that are presented in court,a picture paints a thousand words but they may nlbe more fiction than fact