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Advice needed - attachment of earnings order

  • 17-09-2018 10:18PM
    #1
    Registered Users, Registered Users 2 Posts: 15


    Hi,

    Really hoping someone can help me on this. I have a really old maintenance order that my ex has never paid any attention to. He thought the amount granted (in his absence) was too high and insisted only only paying exactly half of costs as and when the arise. Needless to say that has been a disaster. I spend my life chasing him and he either ignores me or lies that he has bought things or paid school expenses (sometimes i find out about the lies months later with letters from school or when my son comes home saying a teacher asked him for money). He has gotten worse and worse over time to the point where he didn’t pay a cent towards back to school costs and won’t even give him a Euro towards the bus. He ignores my messages about money or on the rare occasion he responds, he’s just full of excuses.

    My son goes to his house twice per week and is 13 years old.

    We’ve tried mediation but he now refuses to turn up as he knows he has broken all agreements and things won’t go in his favour.

    Would the best route here be an attachment of earnings does anyone know? How long does this take and what information is needed to apply for one?

    I’d really appreciate any responses or insights.

    Thanks in advance :-)


Comments

  • Registered Users, Registered Users 2 Posts: 1,697 ✭✭✭Payton


    Regardless of how old the maintenance order is he should be paying as its a court order. You will have to go back to court to hear him explain why he's not paying.
    http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/maintenance_orders_and_agreements.html


  • Registered Users, Registered Users 2 Posts: 670 ✭✭✭idnkph


    I think you ex partner knows there are no consequences for his actions as the courts can't really do much.
    You'd be out a fortune chasing him for this money.
    You will never get what you are owed. Even if you do it probably won't cover your legal costs for chasing it up.


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    idnkph wrote: »
    I think you ex partner knows there are no consequences for his actions as the courts can't really do much.
    You'd be out a fortune chasing him for this money.
    You will never get what you are owed. Even if you do it probably won't cover your legal costs for chasing it up.

    I beg to differ. Neighbour lady of mine, her Ex didn't pay for months. She took him back to court representing herself) and the judge found the guy in contempt and ordered him locked up till the money(about €2500) was paid. Guy had the money by lunch time as if it went past 3pm he was going to Mountjoy.


  • Registered Users, Registered Users 2 Posts: 15 Polkadotpjs


    Thanks, I was hoping to avoid this. Last time I wasted 5 days annual leave before the judge issued an order in his absence and a bench warrant to come in an explain himself to court. It expired as the Garda didn’t act on it and I didn’t push it either to be honest. Thoughts of having him hauled out while my son was there put me off.

    It hasn’t cost me anything but time as I just applied myself without a solicitor.

    The whole system is terrible - I had the mediator on the phone yesterday telling me that some people never change and I should consider forgetting about maintenance. I was a bit shocked at that!


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