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  • 17-05-2019 9:49am
    #1
    Sootys
    Registered Users Posts: 9 ✭


    I'm separated from my ex and currently waiting to go to court for a Judicial Separation, my ex does not work (well says he doesnt but I've heard he working and getting money into hand) he is receiving social welfare and lives with his parents, I work full time and I'm really struggling with mortgage, bills, childcare etc as I pay for everything on my own,my ex does not take the kids during the week and I have to pay for childcare, would a Judge award me maintenance even if he isnt working?


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    #2
    LastStop
    Registered Users Posts: 309 ✭✭LastStop


    Sootys wrote: »
    I'm separated from my ex and currently waiting to go to court for a Judicial Separation, my ex does not work (well says he doesnt but I've heard he working and getting money into hand) he is receiving social welfare and lives with his parents, I work full time and I'm really struggling with mortgage, bills, childcare etc as I pay for everything on my own,my ex does not take the kids during the week and I have to pay for childcare, would a Judge award me maintenance even if he isnt working?


    Of course. If you can provide proof of his cash in hand work you might get more. but even if it only the social you'll get something.

    There is a reason why the court/solicitor requires an affidavit of means.


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    #3
    Sootys
    Registered Users Posts: 9 ✭Sootys


    Problem is he wont admit to the cash in hand and also he hasnt filled his appearance with the court even after been given an extension to do so, so we are now going for Judicial by default.


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    #4
    LastStop
    Registered Users Posts: 309 ✭✭LastStop


    Sootys wrote: »
    Problem is he wont admit to the cash in hand and also he hasnt filled his appearance with the court even after been given an extension to do so, so we are now going for Judicial by default.

    Well then the court will proceed without him, get the default and then his social/wages should he get working can be garnished at source.


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    #5
    Sootys
    Registered Users Posts: 9 ✭Sootys


    We have a court date in the summer for the Judgement by Default I'm just hoping its all sorted then and a judge doesnt give him an extension because he has been given plenty of time to file an appearance and just wasnt arsed to do so. So I'm hoping I will be awarded some kind of maintenance I'm not looking for much even €20 per child as we have 2 kids anything would be helpful. I know its all at the Judges discretion but my affidavit of means shows I'm struggling financially and am at a loss weekly I live off my overdraft.


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    #6
    Boruma100
    Registered Users Posts: 16 ✭Boruma100


    Forgot the judicial separation not worth the paper it is written on go straight for divorce and do it yourself . Speaking from experience e


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    #7
    bored reader
    Registered Users Posts: 39 ✭bored reader


    Hi Sooty

    Sorry to hear your situation.
    Mine is similar with the roles reversed sort of.
    If he claims that he isnt working surely he vould take the kids a day or two duing the week to save on childcare...
    I'm assuming he is good with the kids of course.
    Judges have been known to order 50 per week from fathers social welfare.
    Hope it works out.


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    #8
    FishOnABike
    Registered Users Posts: 4,378 ✭✭✭FishOnABike


    Boruma100 wrote: »
    Forgot the judicial separation not worth the paper it is written on go straight for divorce and do it yourself . Speaking from experience e

    That still depends on how long you are living separately. You need to be living separately for two years to file for Judicial Separation and, even though the referendum passed, four years to file for Divorce until the legislation is updated.


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