Non Payment of Child Maintenance

Discussion in 'Askaboutlaw' started by bmj, Aug 11, 2009.

  1. bmj

    bmj Guest

    I have a maintenance order of 75 euro, last time i got it was in december and now i only receive to 20 euro because he has took it upon himself to reduce it to this as he has become unemployed. This payment of 20 euro is irregular as he only lodges it when he wants to himself, not as per the court order. What legal procedure can i take to remedy this situation
     
  2. mathepac

    mathepac Frequent Poster

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    Go back to the Clerk of the Court where the order was made and inform him / her that the order is not being complied with.
     
  3. bmj

    bmj Guest

    will i have to bring him back to court and will he have to repay all the arrears?
     
  4. samanthajane

    samanthajane Frequent Poster

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    Yes you will have to apply for a maintenace review.

    Although when the judge is aware that he is now unemployed the maintenance he will have to give you will be reduced from the orginal 75 euro a week. How much you will get will depend on what other out-goings your ex has.

    What your ex really should of done is apply for the review once he became unemployed. I've been down the court route myself many times for maintenance but never reviewed to make the payments less because of umemployment.

    I 'think' that he will have to pay arrears of what the judge awards you. So if the judge does award you say 20 euro a week he will have to make up the weeks he's missed since he became unemployed. There is also a chance that the judge will make him payback the arrears of the orginal agreement of 75 euro up untill the day you go to court.
     
  5. mathepac

    mathepac Frequent Poster

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  6. Bronte

    Bronte Frequent Poster

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    Even if the judge orders he repay the arrears I don't see how it can be enforced against someone who is unemployed, unless he has assets or savings. I don't believe a judge is going to order someone on circa 250 a week to pay 75 in maintenance. Others on here might have a better idea of the amount ordered by court in such situations.
     
  7. bmj

    bmj Guest

    he's claiming unemployment but he is actually working too. Do you think the judge would insist on me having proof of him working?
     
  8. samanthajane

    samanthajane Frequent Poster

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    yes you would need to have proof. Other wise you could walk into that court and say anything. If you cant provide proof your mainteneance will be reduced to what the judge thinks that he should pay having an income of only unemployment.
     
  9. bmj

    bmj Guest

    the only kind of proof id be able to get is photos. i feel really silly asking these questions but i just need to go in with my eyes open this time. thanks for the advice
     
  10. Bronte

    Bronte Frequent Poster

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    A great way to be informed is to go down to the courts and listen in on other cases, you'll learn a lot this way. It's a terrible thing for a man who is earning not to support his offspring.
     
  11. GreenQueen

    GreenQueen Frequent Poster

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    Family law cases are heard in camera Bronte - I'm not sure that the OP would be able to do as you advise.
     
  12. Sully1

    Sully1 Frequent Poster

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    You can only apply for 6 months of arrears of maintenance - something a friend of mine learnt to her cost recently.
    So get into the the court clerk and apply for a summons for payment of arrears.

    If your ex wants to reduce the amount of maintenance, he either has to reapply to the court for variance or arrange it with you
     
  13. donee

    donee Frequent Poster

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    amazing the lack of contribution from men on this topic
     
  14. Sue Ellen

    Sue Ellen Moderator.

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    How do you know the gender of the contributors to this thread?
     
  15. Green

    Green Frequent Poster

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    While the cases are heard in camera, the Courts Service has allowed Dr. Carol Coulter to observe cases and she has produced reports on proceedings which are on their website, see link below...

    http://www.courts.ie/Courts.ie/Library3.nsf/0/4A925BEEEE71148580257245005EEA1C?OpenDocument
     
  16. annet

    annet Frequent Poster

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    Are you certain about this - as the social welfare fraud section may also be interested in this fact.
     
  17. donee

    donee Frequent Poster

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    only johnny cash sang about a man called sue, no offence meant or intended, im only assuming from peoples names as they appear, as to their gender.You'll also note that as a man myself that i did not comment in any meaningful way to the debate , its merely an observation on my part, call it voyuerism into a world i thankfully no nothing about. but as a man i find it hard to comprehend the mercenary aspect of the debate, afterall the man has lost his job and as a single person on the dole is only entitled to approx €200 a week yet like Shylock you demand your pound of flesh.or 40% of his now dole payment. remembering of course that it takes two to tango and there are two sides to every story and this one seems to be one for the girls
     
  18. Thirsty

    Thirsty Frequent Poster

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    That doesn't appear to be the case from what the OP is saying.

    If paying court ordered maintenance, he can claim an additional allowance for his child.

    It's the child who is entitled to be maintained by his/her parents; unfortunately in this country it is left to the parents to enforce this legal obligation.
     
  19. donee

    donee Frequent Poster

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    on this one i agree with you! but i think the shame should be on all of us though as a society for not looking after those who cannot look after themselves
     
  20. John Rambo

    John Rambo Frequent Poster

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    The gender of participants within the thread should be irrelevant (and is unknown anyway). And personally I do think a man receiving social welfare amounting to €200 per week should pay 40% of it to support his children. They're primarily his responsibility, simple as that. Nobody is looking for a "pound of flesh"...there's just an expectation that a guy wouldn't try and duck and dive to avoid supporting his offspring.