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Family court

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  • 17-04-2014 10:19pm
    #1
    Marnock
    Registered Users Posts: 5 ✭


    I am looking for advice.
    I am in the Family court in a few weeks over maintenance. Late last year, the judge, during a divorce hearing, made an order of €xxx to be increased to €xxx for a few months until the upcoming hearing to discuss maintenance. This is not an order that I have been able to fulfill as I have had a drop in earnings since then . The judge also wanted proof of her earnings as they were not substantiated in court. She has full legal aid and my solicitor has already billed me with €12,000+ so far (!) I cannot afford to even pay this and he is planning to attend and bring a barrister and as far as I am concerned not perform for me.
    My question is : the fact that I am in contempt of court for paying €200 less than the increased court order of €x00 and cannot afford to pay the maintenance as it is and will show this in court. Would I be crazy to go to Smithfield without representation? Part of the problem is that I am 'well spoken' and perceived to have money because my extended family may have some. Even though I don't and am going many days without eating just to pay the reduced €x00 maintenance . Should I just cut the crazy legal bills and go and place myself at the mercy of the courts?
    Tagged:


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    #2
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Marnock wrote: »
    my solicitor has already billed me with €12,000+ so far (!) I cannot afford to even pay this and he is planning to attend and bring a barrister and as far as I am concerned not perform for me.
    If you are unhappy with your solicitor, get a new one. If you are unhappy with your barrister, speak to your solicitor.
    Marnock wrote: »
    My question is : the fact that I am in contempt of court for paying €200 less than the increased court order of €x00 and cannot afford to pay the maintenance as it is and will show this in court. Would I be crazy to go to Smithfield without representation?
    If you have not been paying maintenance, then legal representation will be even more useful to you.

    If you cannot pay for legal representation, then you should be able to apply for legal aid. Unless you are on a waiting list for legal aid, having no representation just looks like you made a decision not to be represented.
    Marnock wrote: »
    Part of the problem is that I am 'well spoken' and perceived to have money because my extended family may have some. Even though I don't and am going many days without eating just to pay the reduced €x00 maintenance . Should I just cut the crazy legal bills and go and place myself at the mercy of the courts?
    There are plenty of well spoken people who are broke. It appears from your post that the real problem is that you are not able to keep to the terms of the court order. I would say that you should get the best representation that you can and let the lawyers do their jobs. If you don't have legal representation, you will be shooting yourself in the foot.


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