Hi,
In November 2007 my ex brought me to the District Court here in Ireland to seek what he thought was a "fair" amount of maintenance.
He currently lives abroad I live in Ireland.
The Judge on hearing all the evidence decided to increase my maintenance from what he had previoulsy been paying.
Previous to the court case my ex said we should agree that whatever the judge said would be final and fair, I think he genuinely thought he wouldnt be ordered to pay any more than he had been, but it had not been increased for over 10 years, despite exes wages increasing.
He was ordered to pay e63 per week per child for three children on a salary of E60,000.
After paying for 6 months he again brought me back to court to try and reduce the amount by "variation order".
full discloure of both our incomes were available, and I suppose we now have each others financial details as a result.
at the variation hearing , the mainteance was left the same as it was, and when I later queried if there was a new maintenance order which i should be in possession of, the court clerk told me that there wouldnt be a new one as the case was "struck out".
My ex has since written to the court telling them that he cannot affordto make the full amount of the payments, and will be sending me approx E700 in the future, apparently he went into the reasons why this was, but without giving too much away, the court clerk said they were not very "resonable".
Neither he nor I have much debt, but he does enjoy what I would call a rather extravgant lifestyle.
However, my beliefs have been that once he has paid for the children (who he sees regularly) he can do what he wants with the money he has worked for.
My new husband is now on short time working.....I dont qualify for legal aid.......my exes total arrears, are probably considered a fairly small amount (E500)
I am of the understanding that the court clerk, despite being "told" by my ex that he isnt going to pay the full amount anymore and has no intention of coming back to vary the order is unable to do anything without me starting the ball rolling to go after my arrears.
Relationships are strained enough as is, I do not even speak to my ex husband, everything I know to date has been told to me by the Court Clerk.
My thoughts were that while I did nothing it was "money in the bank" for me, that I would sort of be guaranteed my E825 as per the original order until it was changed by either one of us.
However someone mentioned to me that the Judge could write the arrears off as it were.
Although its only E120 (ish) a month thats hes not been paying for the children so far its obvioulsy much needed by my children, who are teenagers and have been told by their father that he cannot afford to pay the full amount, and wont be anymore.
They have since got on to me and asked me to take him back to court for what they see is rightfully theirs...I however am reluctant.....which is causing great hassle between the kids and myself.......their attitude is I should take him to court for arrears.....my attitude is he should be doing what the court order HE asked for says.
Its quite upsetting that he doesnt want to provide for the children, especially when they do enjoy a close relationship with him. the court days are pretty traumatic, quite costly in terms of time and money etc, and not an experince I relish.
I am seeking advice I suppose as to how big the arrears can or should be left to amount to before I should really do something about it.
Is it "money in the bank" for me?
or
Can the judge write of exes arrears?
will the judge not think I am foolish/greedy/a cow of an ex wife going after an amount of maintance that when all is said and done doesnt even amount to a full months mainteance?
any advice from anyone would be really appreciated.
thanks
In November 2007 my ex brought me to the District Court here in Ireland to seek what he thought was a "fair" amount of maintenance.
He currently lives abroad I live in Ireland.
The Judge on hearing all the evidence decided to increase my maintenance from what he had previoulsy been paying.
Previous to the court case my ex said we should agree that whatever the judge said would be final and fair, I think he genuinely thought he wouldnt be ordered to pay any more than he had been, but it had not been increased for over 10 years, despite exes wages increasing.
He was ordered to pay e63 per week per child for three children on a salary of E60,000.
After paying for 6 months he again brought me back to court to try and reduce the amount by "variation order".
full discloure of both our incomes were available, and I suppose we now have each others financial details as a result.
at the variation hearing , the mainteance was left the same as it was, and when I later queried if there was a new maintenance order which i should be in possession of, the court clerk told me that there wouldnt be a new one as the case was "struck out".
My ex has since written to the court telling them that he cannot affordto make the full amount of the payments, and will be sending me approx E700 in the future, apparently he went into the reasons why this was, but without giving too much away, the court clerk said they were not very "resonable".
Neither he nor I have much debt, but he does enjoy what I would call a rather extravgant lifestyle.
However, my beliefs have been that once he has paid for the children (who he sees regularly) he can do what he wants with the money he has worked for.
My new husband is now on short time working.....I dont qualify for legal aid.......my exes total arrears, are probably considered a fairly small amount (E500)
I am of the understanding that the court clerk, despite being "told" by my ex that he isnt going to pay the full amount anymore and has no intention of coming back to vary the order is unable to do anything without me starting the ball rolling to go after my arrears.
Relationships are strained enough as is, I do not even speak to my ex husband, everything I know to date has been told to me by the Court Clerk.
My thoughts were that while I did nothing it was "money in the bank" for me, that I would sort of be guaranteed my E825 as per the original order until it was changed by either one of us.
However someone mentioned to me that the Judge could write the arrears off as it were.
Although its only E120 (ish) a month thats hes not been paying for the children so far its obvioulsy much needed by my children, who are teenagers and have been told by their father that he cannot afford to pay the full amount, and wont be anymore.
They have since got on to me and asked me to take him back to court for what they see is rightfully theirs...I however am reluctant.....which is causing great hassle between the kids and myself.......their attitude is I should take him to court for arrears.....my attitude is he should be doing what the court order HE asked for says.
Its quite upsetting that he doesnt want to provide for the children, especially when they do enjoy a close relationship with him. the court days are pretty traumatic, quite costly in terms of time and money etc, and not an experince I relish.
I am seeking advice I suppose as to how big the arrears can or should be left to amount to before I should really do something about it.
Is it "money in the bank" for me?
or
Can the judge write of exes arrears?
will the judge not think I am foolish/greedy/a cow of an ex wife going after an amount of maintance that when all is said and done doesnt even amount to a full months mainteance?
any advice from anyone would be really appreciated.
thanks