Child maintenance order adjustment

PAWPAW2

I have searched. Does anyone know how this can be done please without incurring huge legal fees. Any links to relevant forms etc. would be appreciated. Thanks

Cork Trucker

PAWPAW2 wrote: »

I have searched. Does anyone know how this can be done please without incurring huge legal fees. Any links to relevant forms etc. would be appreciated. Thanks

You don't need legal representation to do it, just make your application, ensure you have the respondent's details and off you go. While it is advisable to be represented it is not actually a legal requirement. If you think you might be eligible for Legal Aid then make an application to your local legal aid office. Even if you are working you may still be eligible, it all depends on the means test they conduct.

englander

I found it impossible to get legal aid - you almost have to be earning nothing.

I've used my savings paying maintenance for the last 2 years. (I was told at the time the amount was set, that it was easy to come back and look for a variance and best to go with the amount so I can get my separation).

I went to court on my own recently to look for a maintenance variance order.
The judge I got laughed me out of court.

He had no interest in looking at my circumstances, he had no knowledge of the case, he didn't even open her affidavit of means which showed she had 100k in the bank and I have close to zero.

Reading between the lines he said he was only interested if I'd lost my job and have no income. I also got the impression it would be a serious diss to the judge who made the order in the first place if he changed it. In a nutshell he was sh!t scared of changing the order - or even considering it.

My ex who is legally represented is now pushing for her costs to be paid by me for the cheek of me coming into court to raise the fact I am struggling to pay the maintenance and looking for my maintenance to be reviewed.

Just be careful you don’t get caught like this.

I don’t think it’s any secret that the family law court is so gender biased it is ridiculous. I didn’t really believe it until I went through it. It is SO blatant in every area.

Equality should mean equality.

Good luck.

Cork Trucker

englander wrote: »

I found it impossible to get legal aid - you almost have to be earning nothing.

I've used my savings paying maintenance for the last 2 years. (I was told at the time the amount was set, that it was easy to come back and look for a variance and best to go with the amount so I can get my separation).

I went to court on my own recently to look for a maintenance variance order.
The judge I got laughed me out of court.

He had no interest in looking at my circumstances, he had no knowledge of the case, he didn't even open her affidavit of means which showed she had 100k in the bank and I have close to zero.

Reading between the lines he said he was only interested if I'd lost my job and have no income. I also got the impression it would be a serious diss to the judge who made the order in the first place if he changed it. In a nutshell he was sh!t scared of changing the order - or even considering it.

My ex who is legally represented is now pushing for her costs to be paid by me for the cheek of me coming into court to raise the fact I am struggling to pay the maintenance and looking for my maintenance to be reviewed.

Just be careful you don’t get caught like this.

I don’t think it’s any secret that the family law court is so gender biased it is ridiculous. I didn’t really believe it until I went through it. It is SO blatant in every area.

Equality should mean equality.

Good luck.

You have a right of appeal for both legal aid and the case. Do both ASAP. Don’t ever go into court without a solicitor.

As for equality, pity the equal status act doesn’t apply.

Bubbles1980

Is this a Irish court order? Or elsewhere?

PAWPAW2

Bubbles1980 wrote: »

Is this a Irish court order? Or elsewhere?

It’s an Irish Court Order.

Cork Trucker

PAWPAW2 wrote: »

It’s an Irish Court Order.

Look up the Ma’s on a mission Facebook page, you’ll see all the horror stories women face trying to get maintenance.

Millionaire only not

Pull the visitation rights , no money tell them piss off

Cork Trucker

Millionaire only not wrote: »

Pull the visitation rights , no money tell them piss off

2 separate orders. Would you advocate maintenance be stopped if the roles were reversed?

average_runner

Millionaire only not wrote: »

Pull the visitation rights , no money tell them piss off

Obviously care about the kids

Millionaire only not

My comment probably didn’t suit this case I was thinking of a friend !
He pays half the Mortgage , she has little or no money to survive on , while he’s on a good job but gambles I think !
So sorry if was wrong comment here , she’s finding hard to get to court they want 1000 to start the case !
I have seen the house with no food and close to Esb nearly off , very unfair

Cork Trucker

Millionaire only not wrote: »

My comment probably didn’t suit this case I was thinking of a friend !
He pays half the Mortgage , she has little or no money to survive on , while he’s on a good job but gambles I think !
So sorry if was wrong comment here , she’s finding hard to get to court they want 1000 to start the case !
I have seen the house with no food and close to Esb nearly off , very unfair

Tell your friend give the legal aid board a shout.if they haven’t you’d be surprised at how many people think get by working they won’t qualify when they could. All I will say about maintenance is orders keep getting ignored and enforcement is only possible on the employed. If on welfare it’s near impossible. Your comment though is not totally out of place, pulling access/maintenance if the other parent messes around is the most common thing to happen between 2 exes. Jailing the maintenance debtor is now nearly non existent except if the judge is in Clare. Durcan is his name I think. Loads on google about him jailing fathers,

Millionaire only not

Cork Trucker wrote: »

Tell your friend give the legal aid board a shout.if they haven’t you’d be surprised at how many people think get by working they won’t qualify when they could. All I will say about maintenance is orders keep getting ignored and enforcement is only possible on the employed. If on welfare it’s near impossible. Your comment though is not totally out of place, pulling access/maintenance if the other parent messes around is the most common thing to happen between 2 exes. Jailing then maintenance debtor is now nearly non existent except if the judge is in Clare. Durcan is his name I think. Loads on google about him jailing fathers,

Does work but not earning enough to keep going , probably won’t get the legal aid as someone here has said!

Cork Trucker

Millionaire only not wrote: »

Does work but not earning enough to keep going , probably won’t get the legal aid as someone here has said!

I was pulling in €30k before tax one time and got it. My contribution was a few hundred. I try to tell people this so often, make an application for legal aid, the worst they can say is no and even that can be appealed. Appeal success rates are fairly good as well. I once paid a €200 contribution and had a barrister represent me, the case went on for nearly 18 months and the one payment covered the lot. I wasn’t on €30k then however.

PAWPAW2

Cork Trucker wrote: »

You don't need legal representation to do it, just make your application, ensure you have the respondent's details and off you go. While it is advisable to be represented it is not actually a legal requirement. If you think you might be eligible for Legal Aid then make an application to your local legal aid office. Even if you are working you may still be eligible, it all depends on the means test they conduct.

Thanks. Do you know where I go in Dublin to fill out the maintenance order adjustment request forms please ?

PAWPAW2

Cork Trucker wrote: »

You don't need legal representation to do it, just make your application, ensure you have the respondent's details and off you go. While it is advisable to be represented it is not actually a legal requirement. If you think you might be eligible for Legal Aid then make an application to your local legal aid office. Even if you are working you may still be eligible, it all depends on the means test they conduct.

Thanks. Do you know where I go in Dublin to fill out the maintenance order adjustment request forms please ?

PAWPAW2

Cork Trucker wrote: »

You don't need legal representation to do it, just make your application, ensure you have the respondent's details and off you go. While it is advisable to be represented it is not actually a legal requirement. If you think you might be eligible for Legal Aid then make an application to your local legal aid office. Even if you are working you may still be eligible, it all depends on the means test they conduct.

Do you know where I should go in the Dublin courts to fill out and submit my Maintenance Order adjustment application please ? I’m also wondering if it’s possible to apply online or by post for those not able to get to the court in person. I know I’d need to be there in person for a hearing. Thanks

Cork Trucker

PAWPAW2 wrote: »

Do you know where I should go in the Dublin courts to fill out and submit my Maintenance Order adjustment application please ? I’m also wondering if it’s possible to apply online or by post for those not able to get to the court in person. I know I’d need to be there in person for a hearing. Thanks

Dolphin house is the Dublin one if I remember correctly. That’s the family law office. You need to make the application in person. Be sure to turn up for all hearing dates.

bcklschaps

Cork Trucker wrote: »

Tell your friend give the legal aid board a shout.if they haven’t you’d be surprised at how many people think get by working they won’t qualify when they could. All I will say about maintenance is orders keep getting ignored and enforcement is only possible on the employed. If on welfare it’s near impossible. Your comment though is not totally out of place, pulling access/maintenance if the other parent messes around is the most common thing to happen between 2 exes. Jailing the maintenance debtor is now nearly non existent except if the judge is in Clare. Durcan is his name I think. Loads on google about him jailing fathers,

Even if you lose your job and are forced on Welfare, you will be expected to pay a reduced maintenance. Also pay back the arrears once you get back into employment. All for supporting children but Judges are clearly shi***g themselves in fear of the feminists

Cork Trucker

bcklschaps wrote: »

Even if you lose your job and are forced on Welfare, you will be expected to pay a reduced maintenance. Also pay back the arrears once you get back into employment. All for supporting children but Judges are clearly shi***g themselves in fear of the feminists

Expected to pay yes, forcefully where there’s a court order no. Some people choose not to return to employment as a direct result. Just look along the corridors of any family law court on a weekly basis and you’ll hear all sorts of stories. Attachment orders can only be done in cases where the debtor is in employment. I was up against a female judge in Cork who had an absolute hatred for men. She retired last summer. The sigh of relief from men was clear to see.

PAWPAW2

Cork Trucker wrote: »

Dolphin house is the Dublin one if I remember correctly. That’s the family law office. You need to make the application in person. Be sure to turn up for all hearing dates.

Sorry for all the questions. It’s my understanding that the hearing is usually in a smaller room rather than in a big court room. Also, do I have to vouch 3 years of bank statements etc. I hope the waiting time isn’t too long for the hearing. Thanks

Cork Trucker

PAWPAW2 wrote: »

Sorry for all the questions. It’s my understanding that the hearing is usually in a smaller room rather than in a big court room. Also, do I have to vouch 3 years of bank statements etc. I hope the waiting time isn’t too long for the hearing. Thanks

Ask away, no problem with that. The hearing could take place in any court room, what will happen however is all family law cases are held in camera (another term for in private), the only exception to this is a journalist might be present but they are not allowed to report anything that leads to the identification of the parties concerned. I’ve never heard of 3 years of bank statements, just the most recent, either quarterly or annually. Waiting time is usually anything from a few weeks to a few months, the longest wait I’ve ever had in Cork is 3 months for a new case or upto 6 months for an adjournment.

PAWPAW2

Cork Trucker wrote: »

Ask away, no problem with that. The hearing could take place in any court room, what will happen however is all family law cases are held in camera (another term for in private), the only exception to this is a journalist might be present but they are not allowed to report anything that leads to the identification of the parties concerned. I’ve never heard of 3 years of bank statements, just the most recent, either quarterly or annually. Waiting time is usually anything from a few weeks to a few months, the longest wait I’ve ever had in Cork is 3 months for a new case or upto 6 months for an adjournment.

Let’s say I’ve lost my job and have to wait 3 months for a hearing. Do I have to pay full maintenance for the 3 month wait ? Thanks

Cork Trucker

PAWPAW2 wrote: »

Let’s say I’ve lost my job and have to wait 3 months for a hearing. Do I have to pay full maintenance for the 3 month wait ? Thanks

If an existing order is already in force you must pay that amount until the court varies it up or down. Now you can fall into arrears and plead your case in court, you'll be ordered to pay whatever the court deems appropriate plus €5 per week minimum off the arrears. If you've lost your job then it is possible you will get a reduction on the maintenance you are paying, but it is by no means guaranteed.

Here is the courts service link to Dolphin House if you don't already have it.

http://www.courts.ie/offices.nsf/058819d20f75c85c80256e45004d3eb5/03ba94ff0ad804d680256e45005861bd?OpenDocument

PAWPAW2

Cork Trucker wrote: »

If an existing order is already in force you must pay that amount until the court varies it up or down. Now you can fall into arrears and plead your case in court, you'll be ordered to pay whatever the court deems appropriate plus €5 per week minimum off the arrears. If you've lost your job then it is possible you will get a reduction on the maintenance you are paying, but it is by no means guaranteed.

Here is the courts service link to Dolphin House if you don't already have it.

http://www.courts.ie/offices.nsf/058819d20f75c85c80256e45004d3eb5/03ba94ff0ad804d680256e45005861bd?OpenDocument

When lodging an appeal for a maintenance order adjustment, what do I need to bring with me please and what’s the procedure ? Does it take long to put the appeal in ? Do you think I’d get it done in an hour ? Thanks

Cork Trucker

PAWPAW2 wrote: »

When lodging an appeal for a maintenance order adjustment, what do I need to bring with me please and what’s the procedure ? Does it take long to put the appeal in ? Do you think I’d get it done in an hour ? Thanks

You obtain an appeal form from the family office, you fill it out and get it sworn by a peace commissioner (cost roughly €10), you must send a photocopy to the respondent by registered post and get a certificate of same. Once you have this done you return to the court office with the original appeal form and your certificate of registered post and submit them, all possible within an hour if you can get a peace commissioner, a solicitor can do it also but will likely charge you more for it. Once the appeal is lodged it is then sent to the circuit court and placed on file for the next sessions, when that is varies from court to court, you will be notified in writing to the address you provide of your hearing date, i usually get 2 months notice.

Please note you need to state very clearly what order/decision you are appealing and put that on the form as well as your unique case number, the family law office will provide this or you can find it on previous correspondence such as your most recent court order.

PAWPAW2

I went only to find out my appeal has to be done at the circuit court as that’s where my maintenance order was agreed. The circuit court office were helpful and said I need to fill out some forms: notice of motion, vary maintenance, grounding affidavit, updated affidavit of means. I think I’ll have to employ a solicitor as finding the correct forms is proving to be a nightmare. Posting just in case someone is ever in a similar situation or just in case someone has these forms.

Cork Trucker

PAWPAW2 wrote: »

I went only to find out my appeal has to be done at the circuit court as that’s where my maintenance order was agreed. The circuit court office were helpful and said I need to fill out some forms: notice of motion, vary maintenance, grounding affidavit, updated affidavit of means. I think I’ll have to employ a solicitor as finding the correct forms is proving to be a nightmare. Posting just in case someone is ever in a similar situation or just in case someone has these forms.

Back to the district court is normally what happens in my case. It’s a fresh variation application.