Maintenance

velosolex

Since April 2012 are in the process of separating although we are not married, we presently live in the same house and have 3 kids age 9 to 14. The kids mother applied to the District court for maintenance, but as we are in "mediation" the case was brought forward for mention twice - no decision. Under our present circumstances where I pay the mortgage, all utility bills and approx 70% of household shopping (Total of 2012 €40k) Kids mother has a pension & children's allowance of approx €22k p.a My income has dropped since the "tiger days" and this year I don't expect to earn more than €30000 net. Am I liable for maintenance payments to my ex partner or just the kids and what would the figure be based on?

As an aside my solicitor coats so far, a one hour meeting at the practice office where I was advised to use him/her to represent me in the aforementioned District Court twice, €350 plus VAT *2 appearances Total €861. When I arrived at the court my solicitor seemed to be representing approx. 50% of the cases on both occasions, so he/she did not travel exclusively for me. The next mention in court I will have to represent myself!

aujopimur

If you can't afford a solicitor, appply to your local Law Centre for Legal Aid.

velosolex

aujopimur wrote: »

If you can't afford a solicitor, appply to your local Law Centre for Legal Aid.

I will consider doing just that, but my point is that the cost of legal representation is exorbitant, I would say that they are shooting themselves in the foot.

Abi

Firstly, a solicitor may have several cases on one day, there is nothing unusual with that.

Be very sure of the solicitor you have, as you may need them for some time. As was mentioned before me, I'd make an appointment with legal aid to see if they can help. You will be asked to fill in a form showing what your income and outgoings are, be sure to put in every cent you spend on the household and your children. This way you will be assessed fairly.

I'd make the appointment sooner rather than later, as there is a massive back log. You may not even hear if you've been granted aid for several months.

velosolex

Abi wrote: »

Firstly, a solicitor may have several cases on one day, there is nothing unusual with that.

Be very sure of the solicitor you have, as you may need them for some time. As was mentioned before me, I'd make an appointment with legal aid to see if they can help. You will be asked to fill in a form showing what your income and outgoings are, be sure to put in every cent you spend on the household and your children. This way you will be assessed fairly.

I'd make the appointment sooner rather than later, as there is a massive back log. You may not even hear if you've been granted aid for several months.

Thanks Abi for your reply, but the point I was making was that the solicitor did not travel to the court just to represent me and as such I would have expected the fee to be somewhat less than charged.
I live in Meath can you advise me where I apply for the free legal aid?
I am under pressure to leave the family home but refuse to do so despite a hostile attitude towards me by my ex. partner and now my kids hardly speak to me, previously I had a great relationship with them.
As we are effectively not a couple since last April can I now insist that she pays 50% of all utility, shopping, kids and pet expenses? Would this prejudice the ongoing court application for maintenance?

Ken.

http://www.legalaidboard.ie/lab/publishing.nsf/Content/Civil_Legal_Aid

Meath Law Centre
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Navan
Co Meath
Tel: (046) 9072515
Fax: (046) 9072519
Email: lawcentrenavan@legalaidboard.ie