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Child maintenance

  • 06-06-2015 11:57am
    #1
    ITGirl33
    Registered Users, Registered Users 2 Posts: 23 ✭


    my sister has been going out with her boyfriend for 4 or so years. He's divorced with 2 kids and there is a maintenance agreement between him and his ex wife for his children. His ex wife is getting married and is also looking for increased payments in maintenance. She has a child with her fiancé. She is also looking for back dated payments as my sisters ex was unemployed when they got divorced but is since working full time. My sis and her Boyf have just bought a house together although that was largely financed by my sis and her boyfs parents. The ex is threatening my sister and telling her that she is looking at her finances too in the courts. My sister and her boyfriend mentioned mediation but the ex said no but also said she's willing to relinquish access rights If there's no increase in maintenance. My sister is at her wits end. She has a well paying Job and is worried she will have to pay all bills and mortgage and her boyfriends income will go directly to his ex. His earnings are low at present. My sister is also about to embark on expensive fertility treatment but is worried they won't be able to afford it if there's a court case. I've told my sister to let it go to court and let a judge sort it out. Anyone had any similar experiences they can share?


Comments

  • #2
    barman linen
    Registered Users, Registered Users 2 Posts: 262 ✭✭barman linen


    What Court ? District or Circuit?

    I would recommend that you do not leave it to the Judge to decide. In my case I was paying significant maintenance to my ex wife (2000+ for 2 kids) and when I lost my job and sought a variation order the Judge ordered me to pay 125% of my social welfare income to my ex wife. When I queried how I could pay the excess over my Income he said 'your partner will pay'. I had submitted a detailed affidavit indicating my means but he didn't even look at it. All he wanted was to get us out of the court. The whole thing took 5 minutes from start to finish.



    My ex wife incidentally works and earns over 40k in her own right.

    Your boyfriend is on a hiding to nothing. I am now heading to the Circuit Court to see if those judges have any sense. I doubt it however.

    Btw....I fully accept my obligations to maintain my children but expect to do so within my means.


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