Husband refuses to give me his solicitor's name(s)

2020GW

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My husband and I are in the early stages of Marriage Separation - living apart 1 year but yet to meet in a formal mediation setting (we are on a waiting list for IMB Family Mediation appointment).

While no formal separation agreement is yet in place, my husband has paid 'maintenance' (for the last 10 months) which contributed to 50% of sustenance costs
(50% cost of private rented accommodation, household bills, schooling & sustenance expenses for 2 children <10 years old).

Proof of expenditures & bills are always provided by me. This contribution was what my solicitor advised me to seek as a minimum, as per Irish Family Law guidelines in our particular situation.
Everything my solicitor advised, I relayed back to my husband per email, in an attempt to be transparent and amenable. Naive in retrospect. He however, has refused to update me on his solicitor's meeting (fine, his prerogative) or at the very least advise who his solicitor is.

He is now refusing to continue to pay this monthly contribution, citing he needs money to get his own place (is currently residing in, and working from his parents home) and is offering much less (equivalent this month, to 50% rent only).

I feel now, with no choice but to accept it, he can/will dictate the contribution amounts as he likes month to month, until such time as our IMB appointment(s) / formal discussions begin, and now feel in a very vulnerable position.

Some time ago, before we separated, my husband initiated 2 injury lawsuits, with 2 separate 3rd parties. I was against the idea of him doing so, so chose not to enquire about any of the processes involved and I've no idea to what stage these lawsuits have progressed to (or if they were continued with). He was unable to work for a period following each accidents, making me the sole earner.

Whilst it is not something I intended to pursue, I am now seriously considering seeking spousal compensation for these highly stressful and financially pressured periods - especially in light of recent developments.
(I know the settlement of such matters can take years, this is not a knee-jerk reaction from me, for more maintenance but simply a way of ensuring my children's futures are provided for).

Can my solicitor acquire details of who his solicitor(s) are, on my behalf, so that I may pursue this? Or, is a letter from my solicitor, directly to my husband himself the usual route taken in such matters?

Thank you in advance.
 
Your solicitor should be advising you on this.

It's ok to use Askaboutmoney for a second opinion or for some ideas, but your main source should be your own solicitor. If you don't trust your solicitor, then change them.

I don't see why your ex would have to give you the name of a solicitor as there is no obligation on him to use a solicitor. Your solicitor will have to write to him directly.

Brendan
 
Your solicitor should be advising you on this.

It's ok to use Askaboutmoney for a second opinion or for some ideas, but your main source should be your own solicitor. If you don't trust your solicitor, then change them.

I don't see why your ex would have to give you the name of a solicitor as there is no obligation on him to use a solicitor. Your solicitor will have to write to him directly.

Brendan
Thank you for clarifying Brendan, much appreciated. Am just trying to appear somewhat informed when approaching my own solicitor on these matters,

Best,

GW
 
That all sounds like a really tough situation. If your husband is paying 50 % of your costs for the family home does that mean he does not have any custody of the children.

If you both have joint custody you will both need a home to look after the children 50:50. Not saying what your husband has done is right or wrong but if he is living with his parents he probably does not get much custody of the kids. So perhaps he needs to save for a deposit for a place to rent and kit out for the kids.

With two households needed to look after the kids then it puts a lot of pressure on two wages. There may not be a lot spare to share with the other spouse in either direction.

In terms of a personal injury payment it is expensive to peruse and awards are a lot less now so there might not be that much cash there. Unless your wages are very different to your husbands I wonder how worthwhile it is asking for payments for period in the past where you worked and supported the family and he did not? Were there also periods when the kids were babies when he worked and supported the family? Maybe you are better to focus on the future and how you are both going to look after the kids together?

Best of luck.
 
That all sounds like a really tough situation. If your husband is paying 50 % of your costs for the family home does that mean he does not have any custody of the children.

If you both have joint custody you will both need a home to look after the children 50:50. Not saying what your husband has done is right or wrong but if he is living with his parents he probably does not get much custody of the kids. So perhaps he needs to save for a deposit for a place to rent and kit out for the kids.

With two households needed to look after the kids then it puts a lot of pressure on two wages. There may not be a lot spare to share with the other spouse in either direction.

In terms of a personal injury payment it is expensive to peruse and awards are a lot less now so there might not be that much cash there. Unless your wages are very different to your husbands I wonder how worthwhile it is asking for payments for period in the past where you worked and supported the family and he did not? Were there also periods when the kids were babies when he worked and supported the family? Maybe you are better to focus on the future and how you are both going to look after the kids together?

Best of luck.
Hi Clamball

Many thanks for your perspectives..

Re Custody - we agreed 14 nights (me): 3 nights (ex), until he decided the 3rd night was unsuitable for him..
The weekly visitations went from 2 afternoons a week, and dwindled quickly to none at all since the start of the year - he unexpectedly arrives now and then.
My ex has proved too unreliable with the whole arrangement frankly, which as you might appreciate has been confusing for the children, not to mention frustrating for me. Maybe when it is down in legal writing, it will get better.

Personal Injury Payments - thanks for your advice on this, I would not have considered what you had mentioned above.

Best,
GW
 
@2020GW, this comes down to income and assets.
If you are both earning the same income and you both want to provide homes for your children and split access equally then he shouldn't be paying you anything. He's just as much their parent as you are so is just as entitled to provide a home for them.

Assuming that you both want to provide homes for your children and split access equally then if he earns much more than you then he should be paying more towards them than you. If you earn much more than him then you should be paying more towards the children than him.

In a situation where he doesn't want to see the children and doesn't want to provide a home for them then you are entitled to get money from him to provide for them.

It's complex and down to the individual wants of the parents and needs of the children. You really do need expert advice. That means talking to a solicitor who specialises in family law.
 
OP it would be a lot safer to leave the pursuit of financial issues in the hands of a solicitor if it seems that your other half is dictating what he will pay and when and for whatever reasons. A family law solicitor should know the potential traps and best protect your legal interests in this most unfortunate situation.

Otherwise, it is as Purple [#6] says.
 
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