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Family Court Question - Help

  • 13-06-2013 8:59am
    #1
    gics
    Registered Users, Registered Users 2 Posts: 271 ✭✭


    Hi,

    My partner has been summoned to family court next week for a maintence and access order, not only are we surprised at this as he never misses a week with either the kids or with maintence but we are upset since we only received teh notification last week and have had very little time to prepare. I wonder can anyone answer afew questions?
    Firstly although he doesn't qualify for legal aid we think it is best to have representation as he ex is being very difficult, if he has a solictor to appear on his behalf does he still have to appear?
    Secondly, we currently take the kids every weekend from friday - sunday and are out the expenses incurred, ie. food, clothes, activites etc. His basic take home is €400 a week and sometimes he gets overtime, any idea what maintence he will be asked to pay, obivously we know its only a rough idea?
    She is also trying to claim for his oldest son who isnt living with her and is 22 and left full time education in dec last year and even when he was in full time education he was recieving back to education. Surely this isnt right?
    With regards to my earnings, surely the court can not take my earning into account when setting maintence for his children from his previous relationship? Its not that we don't use both wages to pay for them but surely it would be unfair of a court to do that?
    Any help anyone can give would be greatly appreciated as we are very stressed. Thanks


Comments

  • #2
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Find your nearest FLAC http://www.flac.ie/gethelp/legaladvicecentres/bycounty.html and make an appointment. They'll tell you what the best course of action is. Alternatively some solicitors will give a first consult free. Ring a few local to you and ask for ones that specialise in family law.

    On a personal note its always best to turn up in court weather you have representation or not. Goes over better with the judge I feel.


  • #3
    gics
    Registered Users, Registered Users 2 Posts: 271 ✭✭gics


    Thanks for your advice, unfortunately they only do family law every thurs, trying to get an appointment today and if not he is in court next thurs. he was hoping not to attend as his ex is very bitter and didnt want to cause any fiction, apart from that trying to get cover for work at short notice won't be easy.


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