# Ex-h applying for child maintenance variation but working off the books



## Cashstrapped (1 Jun 2009)

My ex-h has been irratic with payments for the last 6 months and subsequently paid all arrears when I got a maintenance summons issued against him, court date 4 weeks ago, it was struck out because all arrears paid and he committed to pay weekly going forward.

Unfortunately, he has not paid since the week of the court case so I am back to square one, he has told me he is applying for a variation to get all maintenance stopped until he is back in employment and says he cannot afford to pay me the weekly maintenance in the meantime or any of it.

I have a few queries:

1. Is he allowed to stop payments until the date of the hearing for the application of variation.

2. Is it likely that the judge will let him get away with paying nothing while he is 'out of work'.  Our initial maintenance order was made while both of us were working, I too have lost my job.  Is it likely that he will get away with paying nothing while I am expected to support our child on a near equivalent social welfare payment (extra €24 child dependant) 

3. He said he is out of work but I have found information on a Social Networking Site where he says he has work for the next couple of months and is signing too, can I use this as proof on the court date or is it likely to annoy the judge.


Ideally I would prefer not to be depending on this money but unfortunately it is not possible at present.  Any advice welcome please.


----------



## mathepac (1 Jun 2009)

Cashstrapped said:


> ... 1. Is he allowed to stop payments until the date of the hearing for the application of variation...


Not as fa as I know, for if he does, he will be in breach of the existing order.


Cashstrapped said:


> ... 2. Is it likely that the judge will let him get away with paying nothing while he is 'out of work'. Our initial maintenance order was made while both of us were working, I too have lost my job. Is it likely that he will get away with paying nothing while I am expected to support our child on a near equivalent social welfare payment (extra €24 child dependant) ...


I wouldn't expect so but then I'm not imbued with judicial wisdom, legal expertise and all the 'facts'. 


Cashstrapped said:


> ... 3. He said he is out of work but I have found information on a Social Networking Site where he says he has work for the next couple of months and is signing too, can I use this as proof on the court date or is it likely to annoy the judge...


 If you have suspicions then I believe you need to let the SW inspectors know and have them produce reports or 'proof' that the judge will accept.

You need to keep the clerk of the family law court updated with all developments.


----------



## csirl (2 Jun 2009)

Let him know that if it takes reporting him to SW and Revenue to get his income on the books and consequently your maintenance paid, then you'll have no option but to do so as your child needs to be supported. So he's better off paying up on time now.


----------



## Smashbox (2 Jun 2009)

You could always print out the stuff on his social network page and use it against him, say that even though he's claiming and saying he hasn't got the money, that the sheets you have would start off an investigation with the SW.


----------



## Cashstrapped (2 Jun 2009)

Thanks all for the replies, I will give him a bit of the info I have and see will he play ball if not then I have no alternative but to arrange a court date, could do without that too. thanks again.


----------



## Smashbox (2 Jun 2009)

Make sure you print the items in question before you tell him though!


----------



## samanthajane (2 Jun 2009)

Cashstrapped said:


> My ex-h has been irratic with payments for the last 6 months and subsequently paid all arrears when I got a maintenance summons issued against him, court date 4 weeks ago, it was struck out because all arrears paid and he committed to pay weekly going forward.
> 
> Unfortunately, he has not paid since the week of the court case so I am back to square one, he has told me he is applying for a variation to get all maintenance stopped until he is back in employment and says he cannot afford to pay me the weekly maintenance in the meantime or any of it.
> 
> ...


 
He's not allowed to just stop them, but if he can prove that he hasn't had the money i doubt anything will come of it. 



Cashstrapped said:


> 2. Is it likely that the judge will let him get away with paying nothing while he is 'out of work'. Our initial maintenance order was made while both of us were working, I too have lost my job. Is it likely that he will get away with paying nothing while I am expected to support our child on a near equivalent social welfare payment (extra €24 child dependant)


 
If he is really out of work then he wont be made to make the normal repayments. He will probably be asked to make some sort of contribution, this could be €10 a week. Not much i know. 



Cashstrapped said:


> 3. He said he is out of work but I have found information on a Social Networking Site where he says he has work for the next couple of months and is signing too, can I use this as proof on the court date or is it likely to annoy the judge.


 
No this will not annoy the judge at all, trying to give false information is going to make your case better. I would bring this information. Also have you any ideas to what his outgoing are at the moment? Other mortgage/rent to pay, loans, credit cards. If he really is out of work then there's no way he can be keeping up these repayments. Your ex should of been advised to bring evidence of why he cannot keep up repayments and the judge will want to see evidence of this. If he is working then he'll not be able to show that he has no money. 

In saying that if your ex has been very clever and already thought of all this and is not lodging money in accounts and only dealing with cash there is very little on how you can prove that he is working. Do you know where he is going to be working, a few pictures or video evidence would help. Or another idea what work does your ex actually do. No harm in getting someone he doesn't know to ring up and ask for a quote, get that quote in writting and thats proof enough that he is working.


----------



## billythefish (3 Jun 2009)

Are the social networking posts really admissable in court? Can't he just say that someone cracked his account and posted those comments on his page?....


----------



## Smashbox (3 Jun 2009)

It might not stand up in court but he might not know that!


----------

