Divorce settled in UK, Child maintenance query

S

shootingstar

Registered User
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hi, will try to keep this brief

I need advise for the following :
Uk couple divorce in UK under UK law. Same couple are residing in Ireland for last 10 years. (respondant has just found work in UK so has moved back there until such time as he finds work back here in ireland) In the divorce it was agreed no further ties, no further payouts, clean break etc (regards to applicant chasing respondant for more money).

Applicant is now seeking an application in ireland for child maintenance. Is it possible once it has been agreed in UK law that applicant cannot seek anything further. monies already paid out to applicant is final!

Respondant has not yet sought legal advise on this. I thought i might post it in here to see if anyone can shed some light on this for me please?

Thanks

SS
 
Respondent might want to check with legal expert on this. AFAIK under Irish Family Law child maintenance can be reviewed at any point. It's impossible to set a lump sum level for maintaining a child!
 
I am by no means a lawyer but i would assume that no further payouts means just that. You dont say if the payout included support for the children untill an agree aged ( maintenance can be payed up untill the child is 22 if in full time education )

What i do know is that if the roles were reversed and you wanted to apply for maintenance in uk when ex was living in Ireland you would be unable to do this if going through the DHSS route. They dont see it as worthwhile when the other party is out of the country. Maybe this is the same in ireland i wouldn't be 100% sure. If you dont have an address than you would be unable to even issue a summons.

I dont know the circumstances of amounts received but would not want to of have her lawyer, that papers were drawn up so that nothing else was paid. I'm assuming she is looking for maintenance because she has come into money trouble, was this not thought of at the time??

There is a lady on here ( name escapes me at the moment ) but she is a lawyer. I'll try and look for her name and maybe you can pm and ask her advice.
 
Under the posting guidelines you cannot ask experts by PM for advice as their time is valuable etc.
 
When they divorced a lump sum pay out was granted. both parties agreed outside of the court on this amount, it just had to be signed into the court order by their solicitors. Everyone was happy with the final agreement. She got a very very good payout. There is no way shes in financial difficulty as it was only a few months ago she got her money. Erm... blood sucking comes to mind - because the main reason for the respondant asking for separation in the first place was because of erratic debts and spending. Applicant then filed for divorce.

Thanks for replies.... x
 
My understanding of a financial settlement in divorce is that it is a property and assets settlement between the husband and wife. It has nothing to do the ongoing care and maintenance of the children of the marriage. A maintenance order for the children is normally set down by the court... actually in some countries a divorce will not be granted unless proof is presented to the court that maintenance for the children has been arranged.
 
Hi, If my memory serves me correctly divorce settlements in the UK were just that, settled, until along came the Child support agency and reopened the case looking for maintenance. As far as I know that agency has disbanded but child maintenance can be reopened at any time. This applies to the UK.

I was further under the impression that if the party looking for maintenance lives in Ireland and the other in the UK then no order can be made as they are outside the jurisdiction.I could certainly be wrong on that though as I'm no expert.
 
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