Non-payment of maintenance

kicked89

Not sure if this is the right thread or where I can go for advice but basically I have a child with an ex partner who has regular access and there is a court order for maintenance to be paid weekly in place. He has never been great with paying and misses payments all the time - this time last year we were in court to amend the access and also arrears of maintenance which added up to thousands.

The new order included the arrears but he is now again behind in payments and has stopped paying completely over the last couple of weeks.

What do I do about this? I'm not fond of the whole court process and the whole thing makes me anxious but really feel at this stage that he should be providing for his child if he is demanding to be in her life (which he is obviously entitled to). I have never deprived him of access and always follow the court order so I don't see why he shouldn't do the same?

He is self-employed apparently so is enforcing the order still possible? Do I need a solicitor or do I simply go down and apply?

Also, is there a certain amount the arrears have to reach before you can do this?

boardsuser1

This link mght go some way to helping you, legal advice isn't permitted here. A solicitor is the only one who can give you definitive answers.

If you are unemployed you may qualify for legal aid, so it might be worth giving the legal aid board a call.

http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/maintenance_orders_and_agreements.html

kicked89

Thanks! I had a look on that but it's not clear how it works or how you apply etc.

Just nervous I will go through this and ultimately there's nothing that can be done.

More so looking for advice from people that have gone down this route rather than legal advice.

Thanks

boardsuser1

kicked89 wrote: »

Thanks! I had a look on that but it's not clear how it works or how you apply etc.

Just nervous I will go through this and ultimately there's nothing that can be done.

More so looking for advice from people that have gone down this route rather than legal advice.

Thanks

Drop me a PM if you wish

Orion

No problem keeping this on thread as long as it doesn't stray in to legal advice - discussing own experiences is ok. Enforcing the maintenance payment is very possible but you may need a solicitor. FLAC would be able to advise.

cbyrd

Your best bet is to engage a solicitor or get legal aid and take it through the court. If it's court ordered maintenance he's in breach and you are entitled to seek the arrears through the courts.
I wouldn't get overly anxious about court, I've been there every 2 month for the last 16 months. A solicitor will do all the hard work and all you have to do is make sure you have all your paperwork in order and turn up.
The older children get the more they cost. If he's not willing to support financially now how can you expect support later on.
I wouldn't link financial support and access though. No matter how much of an ass he is with money he's still the dad and it would only hurt in the long run to deprive your child of the other parent. Put your foot down though and let him know it's not acceptable that he's depriving your child, that the money is not for you, it's for your child.
Good luck with it, it's a headache you can do without

kicked89

cbyrd wrote: »

Your best bet is to engage a solicitor or get legal aid and take it through the court. If it's court ordered maintenance he's in breach and you are entitled to seek the arrears through the courts.
I wouldn't get overly anxious about court, I've been there every 2 month for the last 16 months. A solicitor will do all the hard work and all you have to do is make sure you have all your paperwork in order and turn up.
The older children get the more they cost. If he's not willing to support financially now how can you expect support later on.
I wouldn't link financial support and access though. No matter how much of an ass he is with money he's still the dad and it would only hurt in the long run to deprive your child of the other parent. Put your foot down though and let him know it's not acceptable that he's depriving your child, that the money is not for you, it's for your child.
Good luck with it, it's a headache you can do without

Thanks. I will get in touch with my solicitor tomorrow and try and get sorted. I've been through courts with him before but was never me bringing application for maintenance - always feel it's a bit petty but think it needs to be done at this stage. Just hate the process and humiliation of it all!

Would never deprive him of access, my daughter loves him so would never come between that relationship but do think he should stick to his court order and provide for the child he loves so dearly.

We all have responsibilities and he seems to be pushing all of his aside but taking all the benefits that comes with having a child.

lifeandtimes

Hi,

If he is constantly missing payments then as what happened in my experience you will need to go to the court house and lodge the breach of the court order. You will be brought before a judge and you explain and he will explain and the judge will basically decide what to do,most likely add the arrears onto his payments or make him pay the amount within a certain time,if he has a habit of missing them then the judge can make an attached of earnings meaning it will be forward to his job and will come out of his wages,if he is self employed and pays himself that will make it trickier but the judge will have probably had this issue before and will advise.

You don't necessarily need a solicitor for this as you can represent yourself but it's always advisable to have someone in your corner,however in cases where you lodge the breach and he's in the wrong you won't be on the back foot,he will be,you just need proof of the none payment so keep a log of everything and have bankstatment showing payment and no payments

Pretty straight forward after a few times and iv been around the mill,there's an unfortunate saying about family courts that the front door is a revolving door as you think your out but you'll come back in

Good luck op