# non payment of child maintenance



## aliali (6 May 2007)

I was awarded child maintenance of 30 euro a week from my ex husband. I have never had regular payments even though its paid through the court office. I have been to court several times, he was even arrested once for non appearance, but all to no avail, the judge just tells him to pay a certain amount weekly to clear the arrears. After a few weeks the payments stop and we start the whole process again. This has gone on for years. I have lost a huge amount of the money as if the arrears go over 26 weeks the money cant be claimed. I am made to feel as if I am "on the take" and I am sick of fighting a losing battle. I lost my temper the other day while in the court office again and told the clerk to forget it, its not worth going through it all again for nothing. Has anyone else had this experience ?


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## Cashstrapped (6 May 2007)

Yep Aliali, my friend is going through the very same thing at the moment.  I can't understand it to be honest, they put people into jail for non-payment of TV licence but the courts very seldom give these lads a reality check by giving them an over-nighter to make them understand that they have a responsibility to their children, cheap at €30 pw!

My friend was talking about getting an 'Attachment of Earnings'  through the court so that it means the money is taken from his Employer and passed onto the court so there is no way it can be avoided.  Not sure if this would suit you, seeing as he is giving you so little he possibly is not even working.  I would say talk to your solicitor or even the Citizens Advice they might be able to point you in the right direction.  

Good Luck!


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## mo3art (6 May 2007)

There is a single parents board on www.rollercoaster.ie where you will find many similar posts on this topic in the past number of weeks.


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## z108 (7 May 2007)

You're definitely not  "on the take."

If he was adult enough to bring a child into the world he should be adult enough to pay the bills or a proportion of them especially if he is in employment himself  . I'd try to get some kind of attachment to his earnings.

You could always try a bluff  and offer him custody of the kid (claim you cant cope) and see his reaction ?



> as if the arrears go over 26 weeks the money cant be claimed



Why is this so ? Whats the difference between this money and any other debt ?


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## aliali (7 May 2007)

I dont know why the money cant be claimed after 26 weeks. Its just another example of why this system is so flawed. All I know is I have lost a few thousand over the years. My ex knows by now that if he dosent pay im going to lose the money after the 26 weeks.Id love to get some answers to this.Are there any politicians out there who can tell me why this is ????? The system just isnt fair.


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## z108 (7 May 2007)

I still dont understand the difference between this money and any other debt owed to you ?  You have never stopped claiming that money, right ? Hes just not paid it when you claimed it. Is your ex working ?


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## mo3art (7 May 2007)

I think that the point is that you have to enter a claim for arrears before 26 weeks have passed.  If you submit after the 26 weeks have passed it "might" give the impression that you do not need or want the arrears.

It's the law, I'm reminded of a famous quote - "the law is an ......"


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## aliali (7 May 2007)

yes you are both right I do have to make a claim before the 26 weeks are up but if my ex dosnt clear all the arrears within a 26 week period I lose them, he has owed me say1200 at any one stage but if a judge tells him to pay a fiver a week and he stops again after a month or two by the time it comes before the court again ive lost the rest of it. The months slip by so quickly aswell sometimes its hard to keep track of it, but thats my point... I was awarded this money fair and square why should I have to keep going to court every few months to get it. I have to keep taking time off work....why should I have to?


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## D8Lady (7 May 2007)

Like Cashstrapped said, apply for an Attachment of Earnings order. 

A family member had to do this when her payments were very erratic. You are not on the take. Its takes 2 people to create a baby, both should be responsible for its care.

Its a straightforward process. Keep a record of any payments made and missed. Show this as evidence that he is not adhering to previous rulings. Once the order is made, it will go through his employer from gross salary. 

I can appreciate that it is very frustrating but try keep it objective. Don't use the child as a bargaining chip. It can be done. Get as much help and emotional support as you can. Best of luck


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## mo3art (7 May 2007)

I know you're thinking why should you have to?  Unfortunately if you don't then nobody else will.  Are you in receipt of a lone parent payment from the Social Welfare?  If so, you might be able to request that they chase a contribution from him on your behalf...


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## Seanies32 (11 Jul 2007)

mo3art said:


> I know you're thinking why should you have to?  Unfortunately if you don't then nobody else will.  Are you in receipt of a lone parent payment from the Social Welfare?  If so, you might be able to request that they chase a contribution from him on your behalf...



Definitely go the attachment of earnings route. Doesn't matter if he's employed or on SW, will still apply. Employer or SW have to deduct it from his wages.

If he is on SW, he will have to apply for a variation order.
 to get it reduced.

Keep bringing him to court if he doesn't pay though. Have heard of cases of men being arrested by the Guards before they pay it and also cases of men having to pay exorbitant amounts and being jailed because they simply could not afford it.

On a side issue, women who deny access continuosly are never jailed either. 

As Mo3art said - "the law is an ......"

Good luck Aliali, keep after him and he'll catch a judge on a bad day eventually. Gives fathers who pay it with no problem a bad name.


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## Jaid79 (12 Jul 2007)

I have a young child with my wife and if we where to split up, it realy would not be an issue getting money out of me. I also know a number of men that would be of the same mind.

It a shame that there wasters around that dont care enough about their children.

30E per week even if your on the dole isnt an unrealistic figure to put toward the up keep of your own flesh and blood. 

Jaid


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