# Variance of a Maintenance Agreement to Zero



## JustinJ (19 Oct 2010)

Can a judge vary maintenance down to zero just because she “feels sorry” for the person who is supposed to be paying maintenance?

My wife was in court yesterday and had her maintenance reduced to zero because her Ex claims that his business collapsed last year. 

He was caught out lying in the witness box over and over again and is trading actively although he denies having done any business since last year (my wife called 3 of his clients on a pretense and it appears to be business as usual).  

His lifestyle is extravagant (his personal monthly expenditure is €7,500 and he has not adjusted his lifestyle at all since reneging on maintenance earlier this year).   

The judge said to my wife “I know this is unfair but you’re coping and I feel sorry for him.” (She's coping because my salary is paying the difference.)

Does the judge not have to put her emotion aside when dealing with these issues and make a reasoned judgment?


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## Ravima (20 Oct 2010)

do you not feel any obligation to support YOUR wife or should her ex continue to do so?


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## ger49 (20 Oct 2010)

Excuse my ignorance but how can your wife be receiving maintenance when she has remarried. I assume you are talking about child maintenance and her exs children live with you.


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## niceoneted (21 Oct 2010)

I think you should consult your solicitor on this. 
Are you recently married? If so it may be why the father of her child/children for whom she was receiving maintenance has decided not to continue maintenance. 
Does he spend time with the kids? Does he provide for them in any way while he/she/they are with him. Does he buy them stuff/give them pocket money. 
Is the child/kids old enough to ask themselves (my nieces and nephews do but they are in their teens.)


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## JustinJ (21 Oct 2010)

Perhaps I should clarify -   

My wife never applied for, nor received, maintenance for herself.  Only 50% of the children's costs (From what she's told me, getting that far was like pulling teeth!)

I've been picking up the other 50% of the costs for the past 10 years or so.  Now I'm expected to pick up the whole cost.  Because of this every penny that I earn goes to keep our heads above water.

My question stands:
*Does the judge not have to put her emotion aside when dealing with these issues and make a reasoned judgment? 	*


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## JustinJ (21 Oct 2010)

Niceoneted - the Solicitor and Barrister were stunned by the judgement.  The Barrister said it was the first time he'd ever seen a judge award €0 child maintenance.  Unfortunately that doesn't help me.


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## Neg Covenant (21 Oct 2010)

If you want to appeal or judicially review you ned to do it quickly.   you should try and find out how quickly you can make an application to have it veried upwards again.   Perhaps your wife should get a private investigator to get evidence of her ex's earnings that could be presented to the Court the next day.


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## Yorrick (22 Oct 2010)

Perhaps the wife should just move on. Or maybe she still has feelings for him and want to have the maintenance link asa means of keeping in touch or making sure he won't have enough resources to have a new relationship with a younger woman.


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## alaskaonline (22 Oct 2010)

Neg Covenant said:


> If you want to appeal or judicially review you ned to do it quickly.QUOTE] completely agree here! Your wife should appeal the decision and gather as much evidence as possible in regards to her Ex's financial situation.


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## alaskaonline (22 Oct 2010)

Yorrick said:


> Perhaps the wife should just move on. Or maybe she still has feelings for him and want to have the maintenance link asa means of keeping in touch or making sure he won't have enough resources to have a new relationship with a younger woman.


 
where did you get this conclusion from? absolutely unconstructive and unneccessary. it doesn't answer OP's question.


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## dmos87 (22 Oct 2010)

Yorrick said:


> Perhaps the wife should just move on. Or maybe she still has feelings for him and want to have the maintenance link asa means of keeping in touch or making sure he won't have enough resources to have a new relationship with a younger woman.


 
Charming. Why would said mother feel threatened by her ex starting a new relationship when she herself has re-married? The ex-hubby is pulling a fast one and is robbing his own children. Disgusting if you ask me. There is no moving on when the family are beginning to struggle because of his lies. 

I would appeal, most definitely, and also hire a P.I. She needs concrete proof he is lying through his backside to the courts.


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## olddoll (22 Oct 2010)

Yorrick said:


> Perhaps the wife should just move on. Or maybe she still has feelings for him and want to have the maintenance link asa means of keeping in touch or making sure he won't have enough resources to have a new relationship with a younger woman.


 

The situation is the Ex has an obligation to provide for his children whether he wants another relationship or not.


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## Black Sheep (23 Oct 2010)

What kind of judge would decide a case based on how she "thought" your wife is coping or how she "felt sorry" for the other party. 
I always thought cases were decided on *facts.*

This needs to be re-negotiated immediately and as others have pointed out Hard facts need to be presented at the next hearing


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## Ravima (25 Oct 2010)

you married a woman with children. do you feel any responsibilty for the rearing of the kids?


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## redbhoy (27 Oct 2010)

How can you be sure of his personal expenditure? How much does your wife get in benefits for the child? Does she give any to the ex if he takes the child at all?


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## JustinJ (29 Oct 2010)

Ramiva - I do feel responsible.  

That's why everything I earn goes towards their upkeep.  

However my own son is now losing out because my stepkids father does not feel responsible.


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## JustinJ (29 Oct 2010)

Back in court in a couple of months.

I just hope we don't get the same judge


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## alaskaonline (29 Oct 2010)

good luck JustinJ - keep us posted.


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