What are the consequences of not honouring a legal separation agreement?

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Zen2025

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The SA states that child's father must pay maintenance €100pw subject to inflation changes along with 50% of all medical, optical, educational, special events (pre-agreed communion/confirmation/birthday etc) costs. While he pays the maintenance every 2 weeks (there were a few missed payments), he refuses to pay any other costs for over a decade now. We have one child who has 2 diagnosed conditions that require medical costs and physical therapy. Child also attends private psychology (been on the waitlist for HSE/CAHMS for well over a year) While ex has consented to all treatments in writing, he refuses to contribute financially despite the agreement. Almost 6 months ago my child opted to stop seeing dad for routine access because of his behaviour which is a story for another day. Child is 16 and TUSLA were spoken to about the situation etc...


My family law solicitor has since retired, and I know I have no alternative but to take it to family court but is there any point? what can be done legally to enforce the agreement and how long is it likely to take? My financial situation changed drastically due to a life changing illness and I'm just about managing but only because I've diminished every bit of savings I've built up over the years.


He earns an excellent salary and there's no reason why he cannot support his child other than not wanting to. Every 6 months I try sending registered letters, emails etc. with receipts and an excel of what is owed but he ignores them. My question is: (1) what would the consequences of him continuing to refuse/ignore the court orders and (2) how long is this likely to tie me up in family court? Also, if anyone can recommend a good family law solicitor in the South East area I'd be very much appreciative.
 
Yeah, I think you are right DannyBoyD but the cost of a divorce is offputting. Literally every spare cent I have goes into my daughter or keeping the house from falling down around me lol. Gonna have to suck it up and get it from somewhere. Any idea how long divorce proceedings take in Ireland these days?
 
Attachment of Earnings Order would certainly put a spring in his step as Employer would then know of his (appalling) behaviour!
 
Zen2025 said:
take it to family court but is there any point? what can be done legally to enforce the agreement and how long is it likely to take?
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In the interim (of filing for Divorce) you can bring your case for Child Maintenance to District Court. You don't need a Solicitor for this and you'll find the Court Clerks very helpful; they can't however give legal advice.

As @Ravima has pointed out, you can apply for an Attachment of Earnings Order. This means that the child maintenance is deducted directly from his salary and paid over to you.

I'd also advise setting out an an affidavit of means and look for an increase in child maintenance to €150 per week per child. This is the max allowed in District Court (and hasn't been increased in decades). If he wants to dispute it, he can file his own affidavit of means.

Its very important to understand (and its surprising how many people don't) that child maintenance is not based on the child's "costs" it is based on the income and expenditure of each parent.

Your income has decreased due to illness, and due to additional needs of your child your expenditure has increased; so its quite reasonable to seek a review.

Yes all this takes effort, but it's your child's money and you have to advocate for it.
 
Thank you very much Dannyboy, Marsupial and ClubMan, you have been really helpful. I think the application to the District court is my best short term solution and it'll hopefully give me the breathing room to be able to save for divorce. I've been keeping a spreadsheet of income and outgoings so an affidavid will be a quick process. I'll get that done this week. I'll definitely ask for a review of maintenance - kiddo deserves it and honestly, I could do with a break from constant scrimping.
 
@Zen2025, I'm divorced and our three dependent children live with me. When we separated and then divorced the agreement was joint custody and that they spent around the same amount of time with each parent. Over time they all stopped seeing their mother bar the youngest who sees her ones a week. TUSLA were also involved at one stage. I cover all costs for all the children but due to her gender she continues to receive child benefit and the additional tax free allowance that goes with it.

I've no intention of going back to court to change any of that as the impact on the mental health of the children would be profound and I don't particularly need the money. Think long and hard about the non monetary cost of going to court. I'm not saying don't do it but there's more to the equation than just the money (which I know you need).
 
Purple said:
I cover all costs for all the children but due to her gender she continues to receive child benefit and the additional tax free allowance that goes with it.
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FWIW (probably nothing in this case but might be of use to other readers) I was in a similar position (single father with sole custody of our only son from age 5-6 - he's 19 now) and I received these.
 
ClubMan said:
FWIW I was in a similar position (single father with sole custody of our son from age 5-6 - he's 19 now) and I received these.
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I presume that you had to go to court to get them as, bizarrely in an time when we try to remove sexism from our laws, children's allowance, and the other associated financial benefits, is automatically paid to the mother and the father has to go to court to assert what should be his equal right.
 
Purple said:
I presume that you had to go to court to get them as
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I don't recall the separation agreement mentioning these and we weren't in court other than for that and eventually the divorce (both times to "rubber stamp" negotiated agreements). I think that I just went to SW and Revenue and showed them the separation agreement detailing that I was the sole custodian and they transferred the payment and tax credit to me.
 
Okay, I don't have sole custody although three of the dependent children live with me and I cover all expenses.
 
Ok, sole custody probably explains it in my case.

It's coming back to me.

Obviously neither of us had the Single Parent Child Carer tax credit while still together. So when we separated and our son lived the majority of the time with me I just applied for it and provided evidence in the form of the separation agreement granting me sole custody.

I also got a tax credit for the small amount of maintenance paid to my ex.

For child benefit I just asked SW/DSP to switch it to me and also provided them with a copy of the separation agreement/custody order.
 
Purple said:
but due to her gender she continues to receive child benefit and the additional tax free allowance that goes with it
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I'll allow you that if you also enumerate the benefits / privileges that you have accrued due to your gender.

Also to clearly note it is always open to you to have this re-allocated; your reasons for chosing not to are understandable, but it is a choice.
 
DannyBoyD said:
I'll allow you that if you also enumerate the benefits / privileges that you have accrued due to your gender.
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I'm sure there are plenty. There are benefits/privileges and disadvantages associated with being either gender. My point was simply that we shouldn't make laws based on anachronistic gender stereotypes.
DannyBoyD said:
Also to clearly note it is always open to you to have this re-allocated; your reasons for chosing not to are understandable, but it is a choice.
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It would require going to court to do so. That's hardly a level playing field.
 
ClubMan said:
Is lower life expectancy a benefit or a privilege?
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And being 10 times more likely to be killed at work, more than twice as likely to be murdered, one and a half times more likely to be assaulted, one and a half times more likely to be homeless, 4 times more likely to commit suicide. Those figures are for Ireland, internationally they are way more male dominated.

Life's hard for everyone and the grass is always greener on the other side of the hill etc
 
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