Father initiating maintenance order

[huggie]

Hi,

Does anyone know whether a father can initiate a maintenance order in the family law courts? I am in the unfortunate position of having lost my job; i pay maintenance for my son, but can no longer afford it. The amount I pay currently has not been set by the courts (this was done through mediation only).

The mother has a circuit court case pending against me as she is not content that I am paying enough. I would like to remove this weight from hanging over my head once and for all, but am not sure I can initiate this

I do not want to employ a solicitor, as this just leads to additional expense

Any advice appreciated

Thanks

 

[mf1]

Write her a letter. Set out all your financial circumstances and state what, if anything, you are able to afford to pay by way of maintenance for your child.

Implement the new arrangement including ceasing payment altogether if that is what you want to do. Notify her that you are doing this.

When the Circuit Court action comes on, produce the letter(s), represent yourself and explain your circumstances to the Court. The Court will decide what if anything you should pay for maintaining your child.

mf

 

[Cashstrapped]

Write her a letter. Set out all your financial circumstances and state what, if anything, you are able to afford to pay by way of maintenance for your child.

Implement the new arrangement including ceasing payment altogether if that is what you want to do. Notify her that you are doing this.

When the Circuit Court action comes on, produce the letter(s), represent yourself and explain your circumstances to the Court. The Court will decide what if anything you should pay for maintaining your child.

mf

While I'd agree with most of this I'd be very weary of stopping all maintenance if that is your intention, most people I know of that are in similar circumstances to you and in receipt of Social Welfare are currently paying circa €50 per week, I would continue to make even a gesture payment so when you represent yourself in the Circuit Court that it shows you are trying to make a contribution towards your child, as you are legally obliged to support your child.

 

[Bronte]

It may be that the court will make no order against the unemployed husband particularly if the spouse has a very good income and is well able to support the child herself. In any case the wife is not going to get a large mainatenance order unless the unemployed husband has lots of assets or some other income other than social welfare.