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Maintaince Question

  • 01-08-2015 11:48am
    #1
    Registered Users, Registered Users 2 Posts: 4


    My ex partner has been paying maintenance which has been court ordered since the 4th of April 2014.
    In April 2015 he has reduced my maintenance. The court summonsed him to court for arrears on the 27th of July. When we arrived I was told the arrears had been paid since the summons was issued.
    I rang the court the following day and they informed me that since the summons was issued be has paid the arrears but the arrears are taken as credit from what he is paying me. He reduced my maintenance by 12.50 euro and they said this is the credit. When I called my solicitor and explained what I was told she seemed to understand what was happening and I now have to go and get another summons issued.
    I have no understanding of any of this, has this happened to anyone before? since the court he has not put my maintenance back up nor has he appealed to have it varied so basically he walked away free from court on Monday.


Comments

  • Registered Users, Registered Users 2 Posts: 4,396 ✭✭✭whomitconcerns


    Talk to your solicitor


  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    My ex partner has been paying maintenance which has been court ordered since the 4th of April 2014.
    In April 2015 he has reduced my maintenance. The court summonsed him to court for arrears on the 27th of July. When we arrived I was told the arrears had been paid since the summons was issued.
    I rang the court the following day and they informed me that since the summons was issued be has paid the arrears but the arrears are taken as credit from what he is paying me. He reduced my maintenance by 12.50 euro and they said this is the credit. When I called my solicitor and explained what I was told she seemed to understand what was happening and I now have to go and get another summons issued.
    I have no understanding of any of this, has this happened to anyone before? since the court he has not put my maintenance back up nor has he appealed to have it varied so basically he walked away free from court on Monday.

    your maintenance, or your childs maintenance?

    I assume your ex walked away free because he hadn't committed any crimes.

    No matter the case, your solicitor can advise you.


  • Registered Users, Registered Users 2 Posts: 4 need some advice


    I have gone to my solicitor, there was no hearing that day as when the judge looked at the file she said the arrears were paid.
    I rang the court the following day and the explained it was paid up since he received the summons, but any money he paid was credit towards the arrears and they advised me to put in a new summons which I will be doing.
    The maintenance is for my child


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


    I have gone to my solicitor, there was no hearing that day as when the judge looked at the file she said the arrears were paid.
    I rang the court the following day and the explained it was paid up since he received the summons, but any money he paid was credit towards the arrears and they advised me to put in a new summons which I will be doing.
    The maintenance is for my child

    Did you get the amount he paid to the court ?

    It sounds like he paid up to become compliant before the court and now he is short paying again building up new arrears which will require you to summons him again as the old issue was dealt with.


  • Registered Users, Registered Users 2 Posts: 4 need some advice


    Did you get the amount he paid to the court ?

    It sounds like he paid up to become compliant before the court and now he is short paying again building up new arrears which will require you to summons him again as the old issue was dealt with.

    That is exactly what is happening at the moment and the courts have told me this as had my solicitor, but I haven't received any payment in arrears, the court mentioned credit and when I said this to my solicitor she understood what this meant, but I have no idea myself what it means so I was wondering could anyone explain it to me


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  • Registered Users, Registered Users 2 Posts: 4 need some advice


    That is exactly what is happening at the moment and the courts have told me this as had my solicitor, but I haven't received any payment in arrears, the court mentioned credit and when I said this to my solicitor she understood what this meant, but I have no idea myself what it means so I was wondering could anyone explain it to me

    when I say credit I mean the 12.50 euro that he is in arrears of each week is added as credit to each payment.
    I know it dose not seem like a huge amount but it is for me when I am trying to bring my child up, she has everything she needs as I ensure she dose not go without but it is a struggle, I can barely afford food for myself at this stage


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