# Can't afford maintenance payments



## DADOF3 (25 Oct 2009)

Hi everybody, was hoping someone could give me some advice please. I am a father of 3 and was working self employed for the last few years. The beginning of this year work dryed up and i started living from my savings which are virtually gone now. The last few months my partner who i have 2 children with has been supporting me.I am not eligible for the dole. I have a maintenance order of 80 euro a week to pay for my 1st son which am behind around 1500 euro at the moment. His mother is seeking to bring me back to court. I asked her to take a reduction but she refuses and is very unresonable. As i have no proof of income and am living off my partner with the odd cash job here and there, where do i stand if i have to go back to court?


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## DADOF3 (25 Oct 2009)

*Re: Cant afford maintenance payments*

Thought some additional info may help. The order was set is 2007 before the birth of my 3rd child. My partner is not on extravagent wages around 400 a week. We have rent of 700 a week to pay and the other normal bills. The childs mother receives opf payment and is working part time. She is living in a council house and her rent would be no where near mine.When i went to court i was quite naive and didnt have a solicitor, the judge wouldnt even look at my statement of means and said "it wasnt worth the paper it was written on". I don't know what to do i simply cannot afford this amount.


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## GreenQueen (25 Oct 2009)

If you don't have that much means then you can apply for a Free Legal Aid solicitor to represent you in court.  You should apply to the courts for a variance of your maintenance order based on your reduced means.

Where on earth are you living that your rent is €700 per week.  Surely that's a typo and you meant per month?

You should be declaring all your income, including "cash jobs".


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## DADOF3 (25 Oct 2009)

Sorry that is a typo, its 700 a month.


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## Bronte (26 Oct 2009)

You should hire a solicitor to represent you in court.  If you present a proper case and do not have the means than the judge will reduce your maintenance payment.


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## lightswitch (26 Oct 2009)

Bronte said:


> You should hire a solicitor to represent you in court. If you present a proper case and do not have the means than the judge will reduce your maintenance payment.


 
If he cant afford €80 per week maintenance for his child he can hardly afford a solicitor, he may however be eligable for a free legal aid solicitor. Personally I reckon he is as well off without one but that is just my opinion.

@ OP. I reckon €80 per week as maintenance for your child is very little. Calculate how much it costs to maintain a child including housing, clothes, food, heat etc etc and then pay half of that amount. Why exactly are you not entitled to the dole? Are you in a position to do a FAS course?


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## DADOF3 (26 Oct 2009)

Thanks for all your replies, i think i will contact a solicitor. Granted 80 euro a week is not a huge sum but it is when you have no money. My son is 8 and has no childcare bills and as i said his mother is only paying nominal rent. I just want fairness for all my children, my youngest turned 1 a few weeks ago and i couldnt even buy him a present. As well as the weekly payment i also pay half the costs of school, birthdays, christmas etc.I reguarly have him usually 3 weekends a month, i also live 130klms away from him so i have considerable travel expenses to collect and return him home.


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## Bronte (27 Oct 2009)

DADOF3 said:


> my youngest turned 1 a few weeks ago and i couldnt even buy him a present. .


 
I don't get this, one year old's don't even understand presents, a cardbord box or a phone book is just as much fun to them.


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## flakey (28 Oct 2009)

Is your partner claiming FIS? Is she claiming rent relief on her tax?


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## dj123 (29 Oct 2009)

Why are you not entitled to dole? surely you have been paying your taxes for the last few years, you must be entitled to it!


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## Purple (29 Oct 2009)

dj123 said:


> Why are you not entitled to dole? surely you have been paying your taxes for the last few years, you must be entitled to it!


 He was self employed.


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## dj123 (29 Oct 2009)

as you can see I am total doh when it comes to social welfare! what are the self employed entitled to then if they have no work?


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## Purple (29 Oct 2009)

dj123 said:


> as you can see I am total doh when it comes to social welfare! what are the self employed entitled to then if they have no work?


 See here for details. He might get something but not much.


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