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Child maintenace not court ordered??

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  • 28-03-2021 9:20am
    #1
    James 1981
    Registered Users Posts: 8 ✭


    Hi, I was in court and agreed to increase child maintenance from 150 to 170 p/w. However, i didnt sign anything and the maintenance isn't referenced in the court agreement (child access was ruled on during the court session and the copy of the agreement was posted out by the court). Does that mean the child maintenance payment is not court ordered?


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    #2
    Irishphotodesk
    Registered Users Posts: 1,896 ✭✭✭Irishphotodesk


    James 1981 wrote: »
    Hi, I was in court and agreed to increase child maintenance from 150 to 170 p/w. However, i didnt sign anything and the maintenance isn't referenced in the court agreement (child access was ruled on during the court session and the copy of the agreement was posted out by the court). Does that mean the child maintenance payment is not court ordered?

    It may not be on the paperwork, but would be on the DAR recordings in court, so if you verbally agreed to an increase it may be best to fulfill that agreement, if you do not then you might find yourself back in court with the other half seeking the extra €20per week (which may or may not be an inconvenience for you/the other party).

    It would be easy enough for them to get a copy of the DAR to verify that you agreed to the increase.

    However, it’s your decision if you wish to try to maintain the current payment situation and see if the other side notices or not.


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    #3
    combat14
    Registered Users Posts: 2,098 ✭✭✭combat14


    James 1981 wrote: »
    Hi, I was in court and agreed to increase child maintenance from 150 to 170 p/w. However, i didnt sign anything and the maintenance isn't referenced in the court agreement (child access was ruled on during the court session and the copy of the agreement was posted out by the court). Does that mean the child maintenance payment is not court ordered?

    perhaps if it was the district court they can only award amounts up to 150 per week?

    best seek legal advice


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    #4
    James 1981
    Registered Users Posts: 8 ✭James 1981


    Thanks, i dont intend to stop paying the agreed maintenance without going thru the correct channels. I was just curious if the amount was officially recorded by the courts or if it was still an informal agreement between me and the ex. Whats a DAR?


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    #5
    James 1981
    Registered Users Posts: 8 ✭James 1981


    combat14 wrote: »
    perhaps if it was the district court they can only award amounts up to 150 per week?

    best seek legal advice

    Thanks, The district court can award 150 per child (my maintenance is for 2 kids so 300 max in district court), i should have mentioned that.


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    #6
    [Deleted User]
    Posts: 596 ✭ [Deleted User]


    Both 150 and 170 are huge amounts.

    Was there an application for a maintenance order or was this agreement made “on the steps” of the court?


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    #7
    James 1981
    Registered Users Posts: 8 ✭James 1981


    [Deleted User] wrote: »
    Both 150 and 170 are huge amounts.

    Was there an application for a maintenance order or was this agreement made “on the steps” of the court?

    To be honest, the first i knew my ex wanted extra maintenance was the day i arrived at the court for the access case. I agreed on the stand to increase to 170, the judge later ruled the maintenance was to increase to 170. I just thought i would have got some official court notification that maintenance was 170. (I have never received anything official for any of the previous maintenance agreements either).

    The 170 per week is for 2 kids, age 12 and 15.


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    #8
    James 1981
    Registered Users Posts: 8 ✭James 1981


    Irishphotodesk wrote: »
    It may not be on the paperwork, but would be on the DAR recordings in court, so if you verbally agreed to an increase it may be best to fulfill that agreement, if you do not then you might find yourself back in court with the other half seeking the extra €20per week (which may or may not be an inconvenience for you/the other party).

    It would be easy enough for them to get a copy of the DAR to verify that you agreed to the increase.



    However, it’s your decision if you wish to try to maintain the current payment situation and see if the other side notices or not.

    Thanks, i dont intend on changing the maintenance amount without going thru the correct channels, im just trying to figure out if the 170 is court ordered, or still an informal agreement. Juding by your answer, it sounds like I'll need a variation order. (I should mention my solicitor was useless).

    Whats a DAR?


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    #9
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    James 1981 wrote: »
    To be honest, the first i knew my ex wanted extra maintenance was the day i arrived at the court for the access case. I agreed on the stand to increase to 170, the judge later ruled the maintenance was to increase to 170. I just thought i would have got some official court notification that maintenance was 170. (I have never received anything official for any of the previous maintenance agreements either).

    The 170 per week is for 2 kids, age 12 and 15.

    If the hearing was for access and the issue of variance of maintenance was not included as part of the summons then the court should not have heard anything in relation to maintenance at that hearing.

    You are supposed to be given two weeks notice of any action, and a chance to prepare.

    Speak to your solicitor.


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    #10
    combat14
    Registered Users Posts: 2,098 ✭✭✭combat14


    Deleted User wrote: »
    If the hearing was for access and the issue of variance of maintenance was not included as part of the summons then the court should not have heard anything in relation to maintenance at that hearing.

    You are supposed to be given two weeks notice of any action, and a chance to prepare.

    Speak to your solicitor.

    both sides should also surely have presented affidavit of means?

    best speak to solicitor


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    #11
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    combat14 wrote: »
    both sides should also surely have presented affidavit of means?

    best speak to solicitor

    Yep, absolutely.

    There has to be grounds for an increase / decrease.


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    #12
    Irishphotodesk
    Registered Users Posts: 1,896 ✭✭✭Irishphotodesk


    James 1981 wrote: »
    Thanks, i dont intend on changing the maintenance amount without going thru the correct channels, im just trying to figure out if the 170 is court ordered, or still an informal agreement. Juding by your answer, it sounds like I'll need a variation order. (I should mention my solicitor was useless).

    Whats a DAR?

    DAR is the recordings made in court of every word said, it’s a digital recording and can be accessed by parties involved in legal actions.


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