Summons for Maintenance

JJ Churchill

Hi,

I left my wife about 2 years ago and have been paying maintenance for her and my child since. At first I was paying rent and all other other bills I had previously paid amounting to over €1200 per month. However I had to borrow to afford to do this and eventually I lowered it slowly to €500 per month which is approximately 20% of my after tax income.

I hired a solicitor and tried to get a separation agreement or divorce with associated agreements around custody and maintenance but my estranged wife refused to co-operate and I could not afford the legal bills to continue. I therefore applied for legal aid and was accepted but I have not yet had an appointment.

I have now received a summons from her solicitor for a maintenance order in which it states that I have "failed to provide such maintenance as is proper in the circumstances for the said child". I object to that wording as I have paid well over 20k in 2 years but anyways.

I am due to appear in court in the next couple of weeks and I would like some advice.

1) Do I need a solicitor? I am not sure if they will help as surely the judge makes a decision based on the finances?
2) What do I need to bring to the court?
3) Is there realistically any chance I could end up paying more as I am struggling as it is.
4) Could this end up being a positive thing as it is once less thing required going into separation proceedings?

Thanks

JJ

goz83

In the eyes of the judge, it matters not what you say you pay, but only what you can prove you pay.

Someone else should be along to answer your questions, but I would recommend a solicitor, who knows how to deal with these things. Maybe you can't afford one, but I say you can't afford not to have one.

Stheno

How many children do you have?

JJ Churchill

Stheno wrote: »

How many children do you have?

Sorry - I have now edited the post to make that less vague. I have one child who is of school going age.

Also I have paid all maintenance through EFT so I can prove every cent.

Pat Mustard

OP,

Go straight back to the Legal Aid office as soon as you can and try to get them to deal with it. I don't know the exact procedure, but they should be able to help you to apply for a legal aid cert for this. They may refer you to a private practitioner scheme, and if so, you should be able to select whichever private solicitor is on their panel to look after it for you. If that is the case, ask around and find out who is good. Some will be competent/conscientious and some will not.

I don't know if you will manage to get this organized in just a few weeks but sometimes it is possible that courts may adjourn matters while legal representation is being arranged.

I wouldn't advise walking in there and representing yourself, in the circumstances that you outlined. Also consider hiring a private solicitor.

Stheno

Here is a link to Citizens information which gives rates of maintenance maximums that can be ordered by the district court.

For the district court, the maximum payments are

At present, the District Court can award any amount up to €500 per week for a spouse/civil partner, and €150 per week for each child. If sums greater than these amounts are being sought, you will need to apply to the Circuit Court.

Big Bag of Chips

Was the original maintenance amount court ordered or agreed informally between you and your ex? If it was court ordered and you never requested for the amount to be varied but instead just reduced it gradually of your own accord, then you could indeed be in trouble - and owe arrears.

Get yourself a good family law solicitor as soon as possible.

You can represent yourself, but many feel having a solicitor with them gets them a better hearing with the judge.

JJ Churchill

Big Bag of Chips wrote: »

Was the original maintenance amount court ordered or agreed informally between you and your ex? If it was court ordered and you never requested for the amount to be varied but instead just reduced it gradually of your own accord, then you could indeed be in trouble - and owe arrears.

Get yourself a good family law solicitor as soon as possible.

You can represent yourself, but many feel having a solicitor with them gets them a better hearing with the judge.

There was no agreement, formal or court ordered or otherwise. I just did what felt aappropriate against a background of almost no communications.

angelfire9

Please please go back into FLAC with the letter showing your court date and they will get someone to represent you in court on the date (even if its just someone to stand up and say "we want an adjournment so that the Legal Aid cert can be sorted"

Please don't go in unrepresented
Yes it can be done
but 9 times out of 10 the experienced solicitor on the other side will fleece you

Athabasca

angelfire9 wrote: »

Please please go back into FLAC with the letter showing your court date and they will get someone to represent you in court on the date (even if its just someone to stand up and say "we want an adjournment so that the Legal Aid cert can be sorted"

Please don't go in unrepresented
Yes it can be done
but 9 times out of 10 the experienced solicitor on the other side will fleece you

Just to clarify, its the Legal Aid Board the OP needs to go back to not FLAC. They are different entities, the LAB is the state funded legal aid scheme, Flac is the voluntary advice service.

Also, OP, while the wording of the summons is irksome when you have been paying, bear in mind they are standard court forms where the wording remains the same whether someone has paid nothing or has paid alot.

Finally, do try get representation, the Legal Aid Board will usually accommodate you if you have a hearing date.

A

JJ Churchill

Hi All,

Message received loud and clear. I have contacted a couple of solicitors and will get representation on the day. I did go back to LAB and they said it is a separate matter to divorce proceedings and I'd have to apply again. Not a big deal but given the contribution they expect and the hassle it is easier and not much more expensive to just get a local firm for a couple of hours.

Thank you all for the advice and opinions - much appreciated.

JJ