Maintenance

missmelo

Hi folks

I need to sort out a maintenance issue and not sure where to start i am owed approx 6 years and counting less a few weeks here and there, i listened to alot of excuses and am sick of it now, the man has money but his child is bottom of the list, would I be better off getting a solicitor or go into the court myself??

Thank you

Bepolite

I would recommend going to a solicitor personally.

maringo

You definitely need a solicitor to get maintenance for the child legally enforced. If the op fails to pay court-ordered maintenance it is possible to get an attachment of earnings order. A solicitor would advise you on your options. Might be worth checking out flac.ie (free legal advice centres). Best of luck.

missmelo

Thanks very much for your replies, ill look into it straight away so.

Karede

I am open to corrections, but as far as I am aware, you can only claim as far back as 6 months for maintenance.

MariMel

Karede wrote: »

I am open to corrections, but as far as I am aware, you can only claim as far back as 6 months for maintenance.

I would agree with you there. Given my experiences. Although if you go to court every 6 months then the arrears for the previous 6 months can be got for as they are already recognised as owed. If you know what I mean.

My sons father hasnt paid maintenance since 2007 and I could only go for the amount owed the last time we were in court in 2009 and then the last 6 months.

NoQuarter

Karede wrote: »

I am open to corrections, but as far as I am aware, you can only claim as far back as 6 months for maintenance.

That has changed since 2011. This is why a solicitor is important, the area is quite complex.

missmelo

Thanks guys, well at least if i can get him to start paying weekly from now its something, as he keeps telling me he will pay for this and that and pays for nothing, even if he was paying 10e a week it would be something to show he is making an effort.

yummymummy1979

hi all. I'm in family court next Wednesday chasing husband for proper maintenance for our 2 children. he has been giving me €50.00 per week altogether since we split, but her earns over €500.00 per week. the children live with me full time and I am on social welfare as my oldest who is 6 has special needs, aspergers and dyspraxia so working at moment is not an option as childcare is not ideal for him, plus he has medical appointment s every week. I get €247.00 per week on social welfare. has anyone on here been to court for maintenance, or have any idea how much judge may decide he needs to pay? I am representing myself as I cannot afford sol and I'm on a 6 month waiting list for legal aid, so ANY advice is welcome, also my ex has told me he is not going to show up for court, does anyone know what happens if he doesn't? myself and kids have really struggled financially last few months, bank is chasing me as mortgage is in arrears and eve n tho its in joint names he refuses to pay anything towards keeping a roof over our children's heads. I am really stressed out dealing with it all, I just hope I can get accross to judge how much we need proper financial support from my ex.

NoQuarter

yummymummy1979 wrote: »

hi all. I'm in family court next Wednesday chasing husband for proper maintenance for our 2 children. he has been giving me €50.00 per week altogether since we split, but her earns over €500.00 per week. the children live with me full time and I am on social welfare as my oldest who is 6 has special needs, aspergers and dyspraxia so working at moment is not an option as childcare is not ideal for him, plus he has medical appointment s every week. I get €247.00 per week on social welfare. has anyone on here been to court for maintenance, or have any idea how much judge may decide he needs to pay? I am representing myself as I cannot afford sol and I'm on a 6 month waiting list for legal aid, so ANY advice is welcome, also my ex has told me he is not going to show up for court, does anyone know what happens if he doesn't? myself and kids have really struggled financially last few months, bank is chasing me as mortgage is in arrears and eve n tho its in joint names he refuses to pay anything towards keeping a roof over our children's heads. I am really stressed out dealing with it all, I just hope I can get accross to judge how much we need proper financial support from my ex.

Tell the judge you are on the waiting list for legal aid and ask him to adjourn the case. Legal advice would be very helpful for you.

yummymummy1979

NoQuarter wrote: »

Tell the judge you are on the waiting list for legal aid and ask him to adjourn the case. Legal advice would be very helpful for you.

thanks for reply but I cannot wait another six months, debts are Piling up and I am borrowing every week to keep food on the table while my ex is living it up very comfortablely. I have no choice but to go in alone.

Pat Mustard

yummymummy1979 wrote: »

thanks for reply but I cannot wait another six months, debts are Piling up and I am borrowing every week to keep food on the table while my ex is living it up very comfortablely. I have no choice but to go in alone.

The Legal Aid Board has a list of private solicitors in its Private Practitioner Scheme. Ask for that list. Ring up your local Law Centre and ask if you can be seen by one of the solicitors in the Private Practitioner Scheme, especially given shortness of time, and the fact that you are on waiting list to be seen by a Legal Aid solicitor. You should either physically go in and collect the list or have it emailed to you (if that is possible). Then get somebody who you know to recommend a good solicitor from that list.

Then telephone that solicitor, and explain your position. Mention you have applied for legal aid, and that your case is listed for next Wednesday. Find out what he or she will say.

It sounds like you will need to move fairly fast on this, if you are up on Wednesday.

missmelo

Yummymummy thats terrible, I see it happen so often that lads just walk out and forget there responsibilities the poor kids, why should they suffer, I hope it works out for you, I was speaking to a solicito rand she told me to make an application to the court for maintenance and the judge will decide how much he will pay based on what he owes and what the child's needs are so i doubt you have any worries there, but she did say at this time im not entitled to any arrears until its court decided and if he doesn't pay that.
As for him not showing up he would not be doing himself any favours, solicitor or not your in the right and it will work out for you.
Oh and i also see lads that love their kids and dont forget about them and work very hard to support them, unfortunately not alot.
Good Luck.

yummymummy1979

Thanks so much all, it has been a tough few months financially, but in the long run, I am better off separated from him. I just ope he is made face up to his responsibilities at least financially towards his children. I will post after court on Wednesday, as the information may be useful to someone else.

SVI40

yummymummy1979 wrote: »

hi all. I'm in family court next Wednesday chasing husband for proper maintenance for our 2 children. he has been giving me €50.00 per week altogether since we split, but her earns over €500.00 per week. the children live with me full time and I am on social welfare as my oldest who is 6 has special needs, aspergers and dyspraxia so working at moment is not an option as childcare is not ideal for him, plus he has medical appointment s every week. I get €247.00 per week on social welfare. has anyone on here been to court for maintenance, or have any idea how much judge may decide he needs to pay? I am representing myself as I cannot afford sol and I'm on a 6 month waiting list for legal aid, so ANY advice is welcome, also my ex has told me he is not going to show up for court, does anyone know what happens if he doesn't? myself and kids have really struggled financially last few months, bank is chasing me as mortgage is in arrears and eve n tho its in joint names he refuses to pay anything towards keeping a roof over our children's heads. I am really stressed out dealing with it all, I just hope I can get accross to judge how much we need proper financial support from my ex.

From my own personal experience, as some on who represented themselves, the Judges are very much aware of your inexperience in law, and will be very cognisant of the fact. I would expect you to get an increase in maintenance, and the courts take a very dim view of a parent who will put the family home at risk. If he does not show up, a judgement can still be made in his absence, be sure to ask for it. Also be sure you are prepared!! I cannot emphasise this enough. Have all your incomings and outgoings documented to the cent, and have a copy for the Judge. Make sure it is easy to read, and high light anything important. One very important thing, is to make it as easy as possible for the Judge to read your documentation. They are vastly under resourced in the family law courts, and anything you do to make his / her job easier goes in your favour.

As an aside, my eldest has AS too. Have you contacted Aspire Ireland? They are the NGB for people with AS and their families, and are a great help.

Good luck!

yummymummy1979

SVI40 wrote: »

From my own personal experience, as some on who represented themselves, the Judges are very much aware of your inexperience in law, and will be very cognisant of the fact. I would expect you to get an increase in maintenance, and the courts take a very dim view of a parent who will put the family home at risk. If he does not show up, a judgement can still be made in his absence, be sure to ask for it. Also be sure you are prepared!! I cannot emphasise this enough. Have all your incomings and outgoings documented to the cent, and have a copy for the Judge. Make sure it is easy to read, and high light anything important. One very important thing, is to make it as easy as possible for the Judge to read your documentation. They are vastly under resourced in the family law courts, and anything you do to make his / her job easier goes in your favour.

As an aside, my eldest has AS too. Have you contacted Aspire Ireland? They are the NGB for people with AS and their families, and are a great help.

Good luck!

thanks for great information. I will get in contact with aspire. x

hillviewfarm

Maintenance is being paid for a child going to college but he is only going for 11 hours per week. Does the maintenace still stand? He is working the rest of the time? Any advice welcome.