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Need some advice on child maintenance

  • 28-03-2019 10:55pm
    #1
    StephC2103
    Registered Users, Registered Users 2 Posts: 10 ✭


    Hi there, looking for some advice please. I am currently in the midst of a back and forth with my son's father about child maintenance. He is paying but is constantly threatening to stop it or reduce it. I would like to avoid going down the route of a maintenance order but I will if i need to. Before we get to that point, he has agreed to sign an affidavit stating how much he will pay. Will this legally protect me if he stops paying? If so, how? If he stops paying and i do then go forward with a maintenance order would i get back pay from him as he has signed he affidavit agreeing to pay a certain amount? And advice would be greatly appreciated. Also if anyone has any ideas on another legal document he could sign instead of an affidavit (if thats not the correct route) then please let me know. Thanks!

    Mod
    Sorry cannot give legal advice here. Leaving open for general discussion subject to forum rules


Comments

  • #2
    holliehobbie
    Registered Users, Registered Users 2 Posts: 411 ✭✭holliehobbie


    In my experience trying to get fathers to pay maintenance for their dependent children is a nightmare. It should be like in the UK where they actually go after them to get them to pay.


  • #3
    holliehobbie
    Registered Users, Registered Users 2 Posts: 411 ✭✭holliehobbie


    Also Court Orders regarding maintenance are not worth the paper they're written on so an affidavit would be an even bigger waste of time.


  • #4
    Dravokivich
    Moderators, Category Moderators, Music Moderators, Politics Moderators, Society & Culture Moderators Posts: 22,360 CMod ✭✭✭✭Dravokivich


    If it's not court ordered, it's not maintenance.


  • #5
    StephC2103
    Registered Users, Registered Users 2 Posts: 10 ✭StephC2103


    holliehobbie wrote: »
    In my experience trying to get fathers to pay maintenance for their dependent children is a nightmare. It should be like in the UK where they actually go after them to get them to pay.

    That's quite disheartening :( He has agreed to sign the maintenance affidavit on the condition that I sign the guardianship form for him. Do have any experience with the guardian form?


  • #6
    Dravokivich
    Moderators, Category Moderators, Music Moderators, Politics Moderators, Society & Culture Moderators Posts: 22,360 CMod ✭✭✭✭Dravokivich


    StephC2103 wrote: »
    That's quite disheartening :( He has agreed to sign the maintenance affidavit on the condition that I sign the guardianship form for him. Do have any experience with the guardian form?

    You cant withhold guardianship for money. That's extortion. If you don't do it, he can just apply for it to the courts. Chances are, he may have it already if he can show the relationship between ye existed and the child was born within the last 4 years.


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