# Court Order Maintenance- can both parties agree a short-term change?



## Cashstrapped (26 Feb 2009)

I receive court ordered child maintenance from my ex-husband but have not received anything for the last 3 weeks, when I contacted him he has advised me that he has lost his job so therefore wasn't in a position to pay anything or just a nominal amount.  I was also made redundant last year and have declared the maintenance I was receiving to the Social Welfare and they have reduced by payment accordingly.

I am just wondering because it is court ordered if it is legally possible for both of us to agree between ourselves to him paying a reduced sum or nothing until his finds other employment. Our last day in court was to say the least something I would rather not repeat but I don't want to be in cotempt of court or whatever the correct term is for not abiding by the court order, also if we can come to an agreement should he apply for a variance order to ensure the legality or will that involve a court date.  Any feedback appreciated thanks.


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## carrielou (26 Feb 2009)

You can apply to have it varied but it would also have to made a court order.


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## Cashstrapped (26 Feb 2009)

carrielou said:


> You can apply to have it varied but it would also have to made a court order.



Thanks Carrielou, but that does that mean that it is not legally possible for us to agree it between ourselves (hoping its a short term measure) without involving the courts?


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## carrielou (26 Feb 2009)

You can agree it between yourselves but you would have to go into court to make it a court order.  Wouldn't think you need a solicitor because ye are in agreement.  Give the court clerk and quick buzz and check with them.


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## Thirsty (26 Feb 2009)

Family courts don't have any follow up on their court orders for maintenance; it is up to the parties involved to persue for non-payment.

So in other words if neither of ye say anything about the reduced maintenance, then no one will be bothered coming after you.


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## mathepac (26 Feb 2009)

Kildrought is correct.

However, if you ever need to pursue your ex-husband for child maintenance in the future, the court will not be happy if an existing order was just ignored and no-one informed them.

I believe your best option is to apply for a variance order by consent. AFAIK, you will have to appear before a family court judge.


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## Bronte (26 Feb 2009)

I think you need to find out from social welfare what they require.


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## flakey (26 Feb 2009)

Apply for variance. Even if you both agree the court will award back payment of outstanding maintenance if you don't. My son agreed reduced payment with ex, when they went to court on another matter judge asked was maintenance still being paid. They told him they had agreed a reduction which he over-ruled and back dated the arrears. This caused bad feeling even though both had been happy with the circumstances prior to court date. Get it rubber stamped!


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## carrielou (26 Feb 2009)

Spot on flakey. 

In the court opinion, an order is an order, and that is that.  I could all back fire on ye if ye dont do it through the court.


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## Cashstrapped (26 Feb 2009)

Thanks all, some food for thought there, looks like there is no real way to avoid a court date unless with a bit of luck he gains employment sooner rather than later. 

Flakey the example of your son's experience is exactly what I would be worried about happening, he would see this as something under-hand by me and could only make the situation between us worse, don't think I can win either ways!  Thanks again.


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