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Maintenance order

  • 25-03-2014 12:14am
    #1
    tommyjay
    Registered Users, Registered Users 2 Posts: 2 ✭


    Hi all, sorry if this is in the wrong forum, did a bit of a search but couldn't find what I was looking for, so decided to ask a question to the legal minds out there, briefly:

    I am separated from my wife for more than two years now, I have left Ireland to take up employment in another country, before I left, my wife and I agreed on a maintenance amount for our two children, the agreement was then taken to the district court and a maintenance order was then granted, I did not study the maintenance order in detail when my wife emailed it to me a month after it was issued, but paid my maintenance as we agreed on, but recently I have had to look at this order again in detail and there are some disturbing points, firstly it says that we are not married to each other and secondly it states that our children were born out of wedlock.

    My question is that if this order is not technically correct, am I still bound legally to comply with the order? I will still pay maintenance for my children, but this incorrect document is now placing obstacles in the way of subsequent divorce proceedings as I now have to prove that I was married in order to get divorced.

    Is there a way to have this order amended and/or changed to reflect the true situation so it no longer becomes an obstacle for divorce proceedings?

    Just to mention that I was not in the country when the maintenance order was granted and I had no legal representation at the court sitting for this order as I assumed that the agreement we had in place would be followed.

    Any advice out there please??


Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2 Posts: 27,258 ✭✭✭✭Peregrinus


    1. See a solicitor.

    2. Yes, you can get the order amended to remove the errors. It will require a court application. Nothing in your post suggests that the amendments will include any variation to the amount of maintenance, but that doesn't stop either you or your wife from using the new application to seek a variation in the amount of maintenance.

    3. You are bound to comply with the order. As I say, you can apply to have it varied/corrected, but in the meantime you are bound by it and should observe it.


  • #3
    tommyjay
    Registered Users, Registered Users 2 Posts: 2 ✭tommyjay


    Thanks for the response, but heres the issue, I have left Ireland, possibly never to return, how am I able to effect changes to my maintenance order from out of the country??

    What legal redress do I have for the blatant lies and deceit connived between my (soon to be) ex wife and her lawyer??

    Thanks in advance for the advice !!


  • #4
    Peregrinus
    Registered Users, Registered Users 2 Posts: 27,258 ✭✭✭✭Peregrinus


    tommyjay wrote: »
    Thanks for the response, but heres the issue, I have left Ireland, possibly never to return, how am I able to effect changes to my maintenance order from out of the country??
    Instruct a solicitor in Ireland. If he attends court on your behalf, you don't have to.
    tommyjay wrote: »
    What legal redress do I have for the blatant lies and deceit connived between my (soon to be) ex wife and her lawyer??!!
    Do you need any redress (beyond rectification of the order to show the correct facts)? Have the errors in the order affected the amount of maintenance you are paying? I wouldn't think so. I don't see why you would be looking for redress, so, and I doubt that you will get any. Pick your battles; this one is not worth fighting.


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