Maintenance q

Anon4

Need advice, partner has 6yr old who he hasn't seen in 3yrs as mother claimed it wasn't his child and took him in and out of child's life low and behold he paid for dna and it is his child. Mother took him to court in January for maintenance judge would not hear his case ordered him to pay €100 a week and refused all access. Solicitor advised us we could appeal this based on inability to pay due to his hours been cut to 30hours in December ,also said that he put block on maintenance until appeal in November. However he got letter stating that he was in contempt of court and is up next week and if he doesn't have the money from January he could face imprisonmdnt . Question is we defnitely won't have €3000 next week so will judge lock him up? If he is myself and the two children he is supporting will be made homeless and he will loose his job so just wondering if any of you have any advice thanks in advance

lifeandtimes

We can't give legal advise or say what a judge will do but it seems there more to this case than meets the eye.

I can give my experience on the matter.

If he was in court he would have had to give a statement of means etc and his solicitor would have had to argue that case. That however is not the crux of the letter he has received.

Best advice is to go to court with some cash to pay whatever arrears he can...let the judge know the amount is not feasible and ask to have the amount broke down and added on the monthly maintenance which is usually what happens and then he/his solicitor can argue the fact he can't pay the amount each minto ti try and have the amount reduced to what is affordable.

If this is any piece of mind a judge is hesitant to throw someone in jail over maintenance as it means the guardian of the child won't receive any and that's not in the child's best interest.

Best advice get his solicitor to prove how much he can pay and put it across the judge properly

Anon4

lifeandtimes wrote: »

We can't give legal advise or say what a judge will do but it seems there more to this case than meets the eye.

I can give my experience on the matter.

If he was in court he would have had to give a statement of means etc and his solicitor would have had to argue that case. That however is not the crux of the letter he has received.

Best advice is to go to court with some cash to pay whatever arrears he can...let the judge know the amount is not feasible and ask to have the amount broke down and added on the monthly maintenance which is usually what happens and then he/his solicitor can argue the fact he can't pay the amount each minto ti try and have the amount reduced to what is affordable.

If this is any piece of mind a judge is hesitant to throw someone in jail over maintenance as it means the guardian of the child won't receive any and that's not in the child's best interest.

Best advice get his solicitor to prove how much he can pay and put it across the judge properly

Thanks we did have solicitor and gave courts means test but like I said judge wouldn't even entertain means test just ordered €100 and told them to get out.

There really isn't more to the case than meets the eye Iv literally told how it is.