# divorce, child support - can i 'restructure?



## dirk (8 Oct 2011)

Hi,
I'm male. Divorced since 2005.
2 children, aged 16 + 18
Child support of €5,000 _each _per annum until each is 21 or they have left mother's home beforehand.
Agreed with ex wife in 2006 that I would also _endeavour _to pay an extra €5k per annum  on private school for one child (long story ... ). This payment was voluntary and not part of divorce agreement.
Have done so from 2006 until 2011 through borrowing. That child finishes school in June. 5 years x 5k = €25,000.

Have since been hit badly by paycuts, tax hikes etc like everybody else.

I'm now on the absolute breadline, down about €1,100 per month due to loan paybacks and loss of income.

My question is: can I unilaterally restructure the child support?

I still 'owe' her a maximum of €30,000 in court-ordered support over the next four years. Because of the children's ages, €20,000 of that will be paid over the next two years and €10,000 over the following two years. There's no way now that I can rise to that.

I'm about to  take that sum and divide it by four years, meaning I pay her €7,500 per annum for four years?
This woman leaves the country for at east  week per month (not for work) leaving me to move back to the old house. She leaves the fridge bare, and no bus fare/lunch money for the kids, expenses that I also have to pick up. 
I am at the point where I actually have no money for food  and can't employ a solicitor and can't wait for a court appointment. I need to act very quickly.

I've told her that if she takes me to court, I'll tell judge that I've already paid €25k of the remaining €30k. If she doesn't take me to court, she will get all the court-ordered child support, within the specified time frame, except spread out over the four years.

If you take the €25k voluntary school fees I have paid to her into account (I have copies of cheques, made out in her name) it would knock 2.5 years off my maintenance.  

This is probably as clear as mud, but I hope I made the main points clear. 

Anybody with similar experiences, advice?

Many thanks ....


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## ClubMan (8 Oct 2011)

dirk said:


> Child support of €5,000 _each _per annum until each is 21 or they have left mother's home beforehand.


Presumably these are subject to a court order so cannot be unilaterally varied/restructured without going back to court?


> Agreed with ex wife in 2006 that I would also _endeavour _to pay an extra €5k per annum  on private school for one child (long story ... ). This payment was voluntary and not part of divorce agreement.
> Have done so from 2006 until 2011 through borrowing. That child finishes school in June. 5 years x 5k = €25,000.


And this is a discretionary/mutually agreed payment so presumably could be varied without any legal implications? Although obviously the ideal would be that you could discuss this and your ex would see/accept that you cannot afford it? (Often easier said than done in practice I imagine...).


> I still 'owe' her a maximum of €30,000 in court-ordered support over the next four years. Because of the children's ages, €20,000 of that will be paid over the next two years and €10,000 over the following two years. There's no way now that I can rise to that.


Have you spoken to your solicitor as it sounds like you may need to go back to court for a review of the court ordered payments?


> I am at the point where I actually have no money for food  and can't employ a solicitor and can't wait for a court appointment. I need to act very quickly.


Typed the above before reading this... Have you tried the _Legal Aid Board_ or maybe _FLAC _([broken link removed] But that's probably not going to help if you need urgent action I guess. Be careful about falling foul of the court/court orders but if you simply cannot afford things then something's gotta give. At the very least keep detailed records of all payments and relevant discussions/communications in case they are ever needed...

Not sure how much that helps?


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## onq (8 Oct 2011)

I have no direct experience of your situation, but I offer this advice.
I don't think you can unilaterally restructure the subject matter of a Court Order.
('Tho' I don't see why child support continues after 18 whatever about spousal support)

Whoever you present this information to, you will have to able to support your claim re your status
At the bare minimum you need to have a full statement of your financial affairs ready to support your claims.

I don't think it will be enough to try to offset non-discretionary amounts paid for school fees when State schooling was available for no fees during the same period.
That is, unless payment for school fees was included in the amounts ordered by the courts for the payment amounts you mentioned in your post.

Then, your argument may make sense, but you seem to have left it too late to address this if you cannot afford a solicitor.
You might be able to get enough advice to represent yourself, but that's another story.

I hope that gives you some pointers which may help you ease your situation.


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## Black Sheep (11 Oct 2011)

*
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*"Varying the amount of maintenance*

  It is advisable to update weekly maintenance payments annually. Where maintenance orders have been made through the courts, either party can at a later date apply to the court to have the amount varied. (Varied means having the amount increased or decreased). In order to do this, you will require a variation order. "



Not sure if I got this right or whether you have agreed maintenance or a court order


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## Thirsty (12 Oct 2011)

It's quite simple, you apply to your local district court for a variance on the court ordered maintenance.  

You don't need a solicitor, the court clerks are pretty helpful in terms of what documents need to be completed and how the process works.  They can't give legal advice of course.

I'd suggest to make this go smoother that you talk to your former wife (face to face, not on the phone) and let her know your situation has changed and see if you can work out a way the children can finish out their education.  

If you can agree between you, it is a simple matter to present your agreement to the court and have it completed as an order.  Of course if you can't then you'll just have to let the judge make a decision about your children and your life.  

If you can both be adult and business-like about this (and no whinging about the other's life-style) you'll find it goes a lot easier.


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