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Maintenance Order not being paid

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  • 18-02-2020 12:42pm
    #1
    sunflower60
    Registered Users Posts: 13 ✭


    Hi there,

    I've been judicially separated since 2012 and divorced since 2016. I've 3 children now aged 17, 13 & 11.

    At the divorce settlement a maintenance order was made by the district court for €200 per week plus arrears in the amount of €26 as he was in debt of approx €18k in unpaid maintenance and didn't have the money to pay it so arrears amount was settled in addition to maintenance.

    Even though the court ordered for maintenance to be paid by dd this was only adhered to for first 6 months then abandoned and he was giving money sporadically.

    I am now in the situation 4 years later that I am finally bringing him back to court. He now owes me in access of €25k - I am representing myself and I've listened to all the excuses over the years and tried to give him every chance to pay.

    My court date is coming up shortly and I don't know what to expect when I am in front of a judge I'm really nervous. He is telling me all sorts of stuff ie he can't pay no judge will make him pay and he's suggesting the he will be saying that he has being giving me money and I'm just not declaring it etc?

    Also he's suddenly signing up for the HAP scheme since I served him trying to show hes no money to pay for accommodation etc.

    Has anyone being through this and what is the outcome when I get to court? Do I have to ask the judge for an attachment of earnings or do they make that decision?

    Any help would be really appreciated.


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    #2
    28064212
    Registered Users Posts: 10,475 ✭✭✭✭28064212


    sunflower60 wrote: »
    ...I am representing myself...

    My court date is coming up shortly and I don't know what to expect...
    Get a solicitor. ASAP

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    #3
    FishOnABike
    Registered Users Posts: 4,366 ✭✭✭FishOnABike


    I guess the court took both your affidavit's of means into account when maintenance payments were set during the judicial separation and divorce proceedings. Unless circumstances have changed, is there any reason why the court would vary those orders now or disregard any arrears?

    How did the arrears build up? I thought maintenance payments were usually paid via the district court office and they would be proactive about issuing proceedings if payments were not being made.

    If he genuinely couldn't afford the payments he should have applied for a variation in the maintenance order. He is already on the back foot. Men don't usually fare too well when it comes to family law in Ireland

    He can't claim both that he has been paying what was ordered but you are not declaring it and that he cannot afford to pay what was ordered. He's most likely on a hiding to nothing if he trys to pull the wool over the court's eyes.

    You could look for all payments to be made through the district court or by attachment of earnings. If there are still any assets involved you could ask for the division of those assets to be reviewed in the light if any arrears or non-payment of maintenance.


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    #4
    sunflower60
    Registered Users Posts: 13 ✭sunflower60


    I've been speaking with a solicitor but I can't afford to engage one for appearance and I don't qualify for legal aid. Because I've already a maintenance order in place I've been told that it should be straightforward representing myself.

    At the time I should have gone for an attachment of earnings or to be paid through the district court - I'm going to go this route this time around - what would be best - district court?

    I let it slide so long because he'd always have a plausible excuse and I always believed him - I was going through alot last few years between work and losing my dad over a long illness so maintenance got pushed to the side as it was easier to believe the lies than have to face the ordeal of going to court - but I'm there now thankfully and hoping to get it sorted.

    Can he apply for a variation order on this appearance? What will happen with the arrears he owes will that be swept away by the judge? Hes still at 20% steak in the house should I ask that this be offset against the arrears?

    He used to practice law so he's well use to going in front of a judge I on the other hand am a bag of nerves.


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    #5
    FishOnABike
    Registered Users Posts: 4,366 ✭✭✭FishOnABike


    sunflower60 wrote: »
    ...At the time I should have gone for an attachment of earnings or to be paid through the district court - I'm going to go this route this time around - what would be best - district court?...

    ...Can he apply for a variation order on this appearance? What will happen with the arrears he owes will that be swept away by the judge? Hes still at 20% steak in the house should I ask that this be offset against the arrears?...

    If you're caught in the gap between being eligible for legal aid and being able to afford representation it might be useful to talk to someone in one of the FLAC centres https://www.flac.ie/help/centres/ to get some legal advice on your options.

    I don't see why you couldn't ask for both an attachment of earnings and that it is paid through the district court office.

    Paying through the district court office, with or without an attachment of earnings, would eliminate any future doubt if it was being paid or not.

    He can make any application within reason but would need to be able to justify his application if he wants to get anywhere with it.

    I wouldn't second guess what a judge might decide, some have very individual views on matters, but ignoring or not complying with previous court orders is usually not tolerated nor is ignoring one's responsibilities to one's children.

    Seeking to have assets or an increased share in the family home in lieu of arrears or future payments might be an option but I'd get advice on that.


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