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Child Maintenance

  • 24-09-2015 7:44pm
    #1
    divorceman
    Closed Accounts Posts: 11 ✭


    Any help would be appreciated.
    I was brought back to court by ex wife seeking increase in maintenance for 21 y.o. Daughter who is supposed to be in college. She was awarded the increase but daughter has not returned to college and is working full time. The increase was awarded because ex wife told judge daughter would be finished college in December, this was a lie as I found out she is will not return to college until January 2016. She has done this for 2 years in a row, only attending college for 1 semester per year, then take a leave of absence for the 2nd semester and working the rest of the year. They are doing this to prolong the maintenance payments as she should have finished college in April this year. Can I stop the payments on the grounds that daughter is not in full time education?


Comments

  • #2
    scrummonkey
    Registered Users, Registered Users 2 Posts: 68 ✭✭scrummonkey


    Do not stop payments of your own volition, that would be in violation of a court order, irrespective of whether you believe you have substantial grounds to do so. Your ex could seek an attachment of earnings order resulting in the maintenance being deducted by your employer from your wages or if you are self employed your ex could seek an enforcement summons against you to comply with the maintenance order.
    You may apply to the court to vary the MO, where you will be given an opportunity to set out your reasons for seeking it. In short do not attempt to try a self remedy, seek the courts directions.


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