# enforcment of maintenance. no address



## lindsay72 (7 Oct 2009)

Hi everyone.
I hope to get a piece of advice here on my situation.
The story is that my ex husband was ordered by court to pay 50euro a week maintenance for our child. It was 2 years ago. I never got a penny.
The thing is that i don't know his present address. He's renting and moving constantly.
I've contacted District Court Family Office but was told to get an address first in order to proceed with arrears of maintenance.
I've also seeked help of Garda but was advised that non payment of maintenance is not a criminal offense and this why they're not going to trace him.
What should I do? It's really frustrating...
P.S. He never sees the child by the way.


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## mathepac (7 Oct 2009)

The Guards are wrong - Non-payment of a maintenance order made by the District or Circuit Court is an offence and may result in a prison sentence or a fine because the person who breaches the order is also in contempt of court, but a court may need to issue a summons first.

Have a look at this page here - http://www.citizensinformation.ie/c...and-divorce/maintenance_orders_and_agreements

and try to get legal representation to follow up for you - see the links at the bottom of the page. HTH


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## lindsay72 (7 Oct 2009)

mathepac said:


> The Guards are wrong - Non-payment of a maintenance order made by the District or Circuit Court is an offence and may result in a prison sentence or a fine because the person who breaches the order is also in contempt of court, but a court may need to issue a summons first.
> 
> Have a look at this page here - http://www.citizensinformation.ie/c...and-divorce/maintenance_orders_and_agreements
> 
> and try to get legal representation to follow up for you - see the links at the bottom of the page. HTH


Thanks Mathepac!
I actually went to see a solicitor when gardai refused to help me. She told me to hire a private detective to trace my ex down!!!


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## GreenQueen (7 Oct 2009)

Do you know where he works?
You can apply to have his wages "garnished" (sorry if I've quoted the wrong term) - but basically the order is to his employer to pay the courts the maintenance directly from his wages.


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## lindsay72 (7 Oct 2009)

The whole problem is that I don't know anything about him since we separated. He's changed the phone number, the address and place of work.
I have to bring him back to court in order to have his wages "garnished". But I can't do so without that info.
I hope there is a way around it...


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## Bronte (9 Oct 2009)

Do you know where his parent's or siblings home are?


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## lindsay72 (9 Oct 2009)

Bronte said:


> Do you know where his parent's or siblings home are?


Yes, I do. But how that would help me?


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## truthseeker (9 Oct 2009)

lindsay72 said:


> Yes, I do. But how that would help me?


 
Because you could contact them and ask for current address details of your ex.


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## Bronte (9 Oct 2009)

But don't say who you are.  Use your imagination.


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## truthseeker (9 Oct 2009)

Bronte said:


> But don't say who you are. Use your imagination.


 
Using my imagination:
If I was OP and knew where his parents lived - if he had ever lived at that address Id send a friend round pretending he had won something and ask for his address so I could contact him.

Alternatively Id hang around outside at a time he might be known to visit his folks (perhaps he used to visit for sunday dinner) and follow his car to wherever he lives.

Most likely Id just brazen it out though and call in saying I needed to contact him and whats his address.


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## csirl (9 Oct 2009)

Most solicitors have access to P.I. firms who specialize in tracking down elusive people they want to serve papers to.


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## missey1978 (9 Oct 2009)

Isnt a private detective an expensive move? Surely your solicitor must have other ideas on how he can be contacted. Surely going through revenue comissioners would be a start...granted you cant contact them but surely someone is able to! The guards are just being lazy in my opinion and could help you. I would go back to solicitor and tell them that you are not in a position to pay for a private detective and see what else he/ she comes up with. Citizens info might also be able to help?


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## TheBlock (9 Oct 2009)

truthseeker said:


> Because you could contact them and ask for current address details of your ex.


 
Or you could tell them that he is refusing to help bare the costs of providing for his child and *their* Grandchild. They may put a bit of parental pressure on him.


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## mf1 (9 Oct 2009)

Lads, you've heard of Cherchez la femme? Well, this is Cherchez l'homme! 

It is hard to deal with someone who is quite deliberately ( by the account given here, at least) avoiding contact and responsibility. 

Either the OP finds out where he lives and works or she hires a P I. This will enable her to issue a summons in the Court. Without an address, the hubby cannot be served. The solicitor cannot give any more advice than that. 

"Surely going through revenue comissioners would be a start...granted you cant contact them but surely someone is able to! "

This is a total non starter. 

mf


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## lindsay72 (13 Oct 2009)

Thanks for all the replies!
1. I can't really ask his parents for address. Just don't want to bother them. After all he's a grown up person.
2. I don't want to come back to solicitor. i've spent enough money on their services in the first place.
3. I'm very annoyed with the system itself!!! 
I've been to family law clerk's office recently (again!) and was told to apply for one parent family payment. I just don't get why all the taxpayers in ireland should maintain my child when perfectly healthy and emploeyed father of a child doesn't bother?! Even with court order in place! What was the point of court order anyway if he can ignore it and gets away with it??
Anyway, I contacted social office and was advised that because there is a court order for maintenance they are not going to look after my ex! Where's the logic?
4. Even if I hire private detective to find my ex i can't be sure i'll be able to bring him back to court. Because he will just ignore the letters from clerk. That bugs me a lot!!


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## Bronte (14 Oct 2009)

lindsay72 said:


> Thanks for all the replies!
> 1. I can't really ask his parents for address. Just don't want to bother them. After all he's a grown up person.


 
Do you want the maintenance or not?  If bothering them gets you his address and gets you maintenance then surely it will be worth a bit of bother.  

By the way your ex is not a very grown up person, anyone who can and doesn't pay for the upkeep of their children has a long way to grow.  

Truthseeker has given you some good ideas, and there are other ways of getting information.  Ireland is a very small country.


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## truthseeker (14 Oct 2009)

lindsay72 said:


> Thanks for all the replies!
> 1. I can't really ask his parents for address. Just don't want to bother them. After all he's a grown up person.
> 2. I don't want to come back to solicitor. i've spent enough money on their services in the first place.
> 3. I'm very annoyed with the system itself!!!
> ...


 
You either want to find him or you dont - not wanting to 'bother' his parents is a cop out IMO. 
The system is what it is - if your ex ignores a court order there are further legal avenues you can persue.


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## lindsay72 (14 Oct 2009)

truthseeker said:


> You either want to find him or you dont - not wanting to 'bother' his parents is a cop out IMO.



Well, bothering his parents won't get me the address. Last time i asked them they told me they didn't have any idea themselves about his new location.


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## lindsay72 (14 Oct 2009)

truthseeker said:


> The system is what it is - if your ex ignores a court order there are further legal avenues you can persue.


This is very interesting. could you please tell me what further legal avenues are?


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## dereko1969 (14 Oct 2009)

I think what you were told was to apply for the One Parent Family Tax Credit which is available here
http://www.revenue.ie/en/tax/it/leaflets/it9.html
You can apply for it for previous years also, not clear when he left.
Tell his folks you have some post for him and that it seems there's a cheque included in it and you need his address to forward it? 
Use the tax credit repayment to pay for a private detective to find him and his new address then follow the procedures above, I'd keep hounding his parents to be honest.


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## truthseeker (14 Oct 2009)

lindsay72 said:


> This is very interesting. could you please tell me what further legal avenues are?


 
Have a look at this thread:
http://www.askaboutmoney.com/showthread.php?t=119492&highlight=court+order

If his parents do not have any contact with him then you are down to a private investigator, friends, social networking sites etc...

Think about this, where did he last work? Presumably the new place would have phoned the old place for a reference (I know in my office we usually know where someone went to a new job) - you could call them and ask where his new job is, then either show up or follow him from it home.

What about the telephone directory, if he has a land line he may be listed?

You must have some way of contacting someone who knows or knew him?


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## Bronte (15 Oct 2009)

His parents have obviously been told not to tell you where he is.  You need to be clever to get this information from them.


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## truthseeker (15 Oct 2009)

Bronte said:


> His parents have obviously been told not to tell you where he is. You need to be clever to get this information from them.


 
Perhaps a ficticious medical emergency requiring the fathers blood type to be tested?


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## csirl (15 Oct 2009)

truthseeker said:


> Have a look at this thread:
> http://www.askaboutmoney.com/showthread.php?t=119492&highlight=court+order
> 
> If his parents do not have any contact with him then you are down to a private investigator, friends, social networking sites etc...
> ...


 
Use you head and you can save on PI costs - only use a PI as a last resort.

Call his old work and ask to speak to him - no doubt someone will tell you he's moved on and tell you where to. Dont need to make up any elaborate story. I think if you ring up most places and say "I'd like to talk to X", if he's not there, they'll tell you where he went almost automatically.

You probably know some friends and relatives of his and where they generally hang out. A bit of leg work yourself and he shouldnt be too difficult to trace. Ask around and someone will tell you. You are also likely to bump into him.


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## Cashstrapped (15 Oct 2009)

Can you not just get the maintenance summons sent to his parents address as his last known address or is that just too simple, I always thought once registered post is signed for it is seen as accepted.


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## GreenQueen (15 Oct 2009)

Registered post can be refused Cashstrapped.

AFAIK you're better to send a letter by snail mail as it's seen to have been delivered once it is given to An Post.  Some of the legal experts out there would be better to advise on this = it's just been my experience in the past.


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## lindsay72 (15 Oct 2009)

csirl said:


> Use you head and you can save on PI costs - only use a PI as a last resort.
> 
> Call his old work and ask to speak to him - no doubt someone will tell you he's moved on and tell you where to. Dont need to make up any elaborate story. I think if you ring up most places and say "I'd like to talk to X", if he's not there, they'll tell you where he went almost automatically.


Thanks. I'll try that. Just wondering if I can post maintenance summons to his work address? Would it be enough?


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## lindsay72 (15 Oct 2009)

> Can you not just get the maintenance summons sent to his parents address as his last known address or is that just too simple, I always thought once registered post is signed for it is seen as accepted.





> you're better to send a letter by snail mail as it's seen to have been delivered once it is given to An Post. Some of the legal experts out there would be better to advise on this


I'll probably gonna use express post or courier post. They give proof of delivery and ask for recipient signature.


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## jellyb (20 Jan 2010)

Hi my ex sounds similar to yours constantly changing address i always give either his parents address or his sisters address to the court. Registered letters can be refused but they are more likely to accept it as they won't know what is in the envelope, curiosity will more than likely get the better of them. I would give his parents address and if it's refused well at least you tried.


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## AmoebaAsasin (22 Jan 2010)

This seems pretty obvious - but he will have a PPS number right? Which will point to an address - cant social services track it through that?


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