Maintenance Advice

Desolace

Hi All,

A letter came to my job the other day with a summons to court- Maintenance Summons, before I go any further we don't have kids, to go into it a bit more I split from my ex wife nearly 3 years now, I have no mortgage ties as everything is in her name, I left asking for nothing and we both agreed to ask nothing of each other I got a job moved out, found a place for myself and still trying to rebuild my life, then I received this letter sent to my job 2 and half years later with no contact with her since for maintenance summons.

I'm very confused by this as I'm struggling as it is paying for rent and other bills we are not legally separated as we agreed we would leave it until we can get divorced. any advice would be grateful

Thanks for reading.

Ken.

You need to go to a solicitor. You can be ordered to pay maintenance to your wife.
http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/maintenance_orders_and_agreements.html

Maintenance following separation, divorce and dissolution
Under Irish law, there is no clean break from the obligation to support one's spouse and children, or for civil partners to support each other. A clause in a separation agreement stating that a spouse/civil partner will not seek maintenance in the future or seek increased maintenance is unenforceable. The spouse/civil partner can apply for a maintenance order and a court will consider this application, particularly if the circumstances of the parties have changed or the spouse/civil partner who executed the agreement did not have legal advice at the time.

A divorced spouse can also apply to a court for a maintenance order or a variation of a maintenance order after the divorce decree has been granted. Similarly, a former civil partner can apply to the court for a maintenance order or a variation of a maintenance order after the dissolution decree has been granted. The only bar to an application is the remarriage or entering into a new civil partnership of the spouse/civil partner applying for the order.

Desolace

Thanks for the advice Ken, problem is I can't afford to get a solicitor, I was just going to go and see what happens and what way it will turn out

Pro Hoc Vice

Desolace wrote: »

Thanks for the advice Ken, problem is I can't afford to get a solicitor, I was just going to go and see what happens and what way it will turn out

Go to legal aid board.

Ken.

Do what Pro Hoc says. Gather together a few pay slips, your rent book and try set out realistically what you spend per week/month on food,phone,transport,electricity/gas etc. If you do a weekly shop keep the receipts. Bring an electricity bill.

Desolace

Thanks, I've about 4 weeks before I have to show up in court, I will gather up all info that I can, I just find this very unusual as everyone that I asked about this didn't know what to do normally a maintenance summons is if you have kids, really can't afford to pay anymore than what I've got and if it does go to a payment not sure if i can afford to pay my rent and could end up loosing my job.