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Child Maintenance Query??

  • 16-10-2011 12:06pm
    #1
    Registered Users, Registered Users 2 Posts: 7


    Hi All - My partner always had provided for and is now court ordered to pay €75 per week to his ex towards his child (his ex is now married to a wealthy man with multiple properties, good job and has two more kids with him).

    Unfortunatly our financial situation had changed and now he is not working, only receiving €188 JB, we have rent, bills, a child of our own and another on the way! He has applied to the courts to have this order lowered but it will be over three months before the court is available to sit on this..

    - in the meantime can he explain situation to his ex, even though she'll disagree, and begin to only pay what he can afford until the court sits or will he be penalised for this as being in breach of court order?

    Any feedback greatly appreciated, thank you


Comments

  • Closed Accounts Posts: 3 captcha4


    wear a condom next time


  • Registered Users, Registered Users 2 Posts: 221 ✭✭MrTsSnickers


    I'd talk to a solicitor. You can get free consultations I think


  • Registered Users, Registered Users 2 Posts: 381 ✭✭Kildrought


    Apply to the district court for a variation; you don't need Solicitor.


  • Closed Accounts Posts: 9,390 ✭✭✭Stench Blossoms


    bunnies wrote: »
    Hi All - My partner always had provided for and is now court ordered to pay €75 per week to his ex towards his child (his ex is now married to a wealthy man with multiple properties, good job and has two more kids with him).

    Doesn't matter if she's married to a wealthy man.

    As Kildrought said apply to the district court for a variation.


  • Registered Users, Registered Users 2 Posts: 6,124 ✭✭✭wolfpawnat


    You have applied to the courts, there is always a back log :( He can discuss it with the ex, but if she declines until the court date he is obliged to pay the amount set, (even if he doesn't have it) the only thing I can say to make you feel better is that usually the courts set maintenance at around €35 for those on SW!


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  • Registered Users, Registered Users 2 Posts: 2,747 ✭✭✭Klingon Hamlet


    Surely the ex will agree to receiving less considering the cirumstances...maybe get the agreement in writing


  • Registered Users, Registered Users 2 Posts: 250 ✭✭Funky G


    variation of maintenance is the order of the day.

    you can make an application to do this. i did it without going to my solicitor.

    if you're partner is still on friendly terms with his ex, then have a chat with them.

    my money has gone down and it is reflected on what i pay for my child. just bring with you all the relevant info with you if you do have to wait a few months for court - money in and money out, receipts, etc etc.


  • Closed Accounts Posts: 1 maria.c


    I have two children with a man who I am now in the process of separating. He is receiving basic social welfare of 188euro. He already pays maintenance for a child from a previous broken down relationship of 50 weekly. Does anyone know if all 3 will now be entitled to the same if I take him to court? Can a judge from one hearing vary an order from another hearing in order to make all 3 children equal.


  • Registered Users, Registered Users 2 Posts: 1,722 ✭✭✭silly


    maria.c wrote: »
    I have two children with a man who I am now in the process of separating. He is receiving basic social welfare of 188euro. He already pays maintenance for a child from a previous broken down relationship of 50 weekly. Does anyone know if all 3 will now be entitled to the same if I take him to court? Can a judge from one hearing vary an order from another hearing in order to make all 3 children equal.
    I would presume if a judge was given all the details it would be adjusted accordingly, and each parent would be entitled to the same per child. It might be down to the judge at the end of the day.


  • Registered Users, Registered Users 2 Posts: 3,366 ✭✭✭campo


    silly wrote: »
    I would presume if a judge was given all the details it would be adjusted accordingly, and each parent would be entitled to the same per child. It might be down to the judge at the end of the day.


    Yes each child would get the same but I would not expect 50e per child, thats 150e from 188e the person needs to live aswell


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