I have two children from a previous relationship and I currently have a child maintenance order against me through the circuit court. The order is for €75 per child per week, the order also directs that I pay €200 towards "back to school" costs and an additional €200 at Christmas.
In summary that equates to €683 per month.
I am no longer in a position to pay the amount ordered based on the following reasons:
However as this may take a considerable amount of time to come before the courts, I have no option but to reduce the amount I am paying in the interim. (I consistently exceed my bank overdraft limit and I am charged for every transaction I make, NOTE: [/B ]these are day to day living expenses that are incurring these charges)
In doing this I know that I will fall into arrears on the basis that I cannot meet the ordered amount.
I have no doubt that the children's mother will take me back to court (The Circuit Court I assume?!) to recoup the arrears and I am wondering what view the court will take of the fact that I unilaterally reduced the amount I was paying due to financial stresses.
Does anyone have any experience of such circumstances and can anyone suggest how I should approach this as the relationship with the children's mother has completely broken down.
In summary that equates to €683 per month.
I am no longer in a position to pay the amount ordered based on the following reasons:
- Pay cuts were imposed by my employer in Jan 2010
- My wife took redundancy in September and is now in full time education and receives no benefit.
- We are expecting a new baby in April.
However as this may take a considerable amount of time to come before the courts, I have no option but to reduce the amount I am paying in the interim. (I consistently exceed my bank overdraft limit and I am charged for every transaction I make, NOTE: [/B ]these are day to day living expenses that are incurring these charges)
In doing this I know that I will fall into arrears on the basis that I cannot meet the ordered amount.
I have no doubt that the children's mother will take me back to court (The Circuit Court I assume?!) to recoup the arrears and I am wondering what view the court will take of the fact that I unilaterally reduced the amount I was paying due to financial stresses.
Does anyone have any experience of such circumstances and can anyone suggest how I should approach this as the relationship with the children's mother has completely broken down.