Leaving country to avoid maintenance order - what's the recourse?

burmo

Registered User
Messages
237
Hi,

On behalf of my friend again...

Maintenance agreement was granted by the court to her to help towards the costs of her two children that live with her. If the husband moves abroad to an Eastern European EU country for the express purpose of avoiding maintenance what is the recourse?

From the citizensinformation website:
"Maintenance orders can be enforced in all European Union countries and in countries that are a party to the UN Convention on the Recovery Abroad of Maintenance Payments. See "Further information" below on recovering maintenance from abroad."

Would there be a revision downwards of the maintenance agreement in this case even though he was gainfully employed in Ireland before leaving? Would it take into account current account cash that he has from a settlement or only income?

Thanks,
Burmo
 
While my knowledge of Family Law is very limited I am aware of a person who did flee the country to avoid maintenance payments.
This guy went to the UK for several years , and in his absence a committal order was granted for non-payment. He returned here three years later to attend a funeral and was duly arrested and carted off to Mountjoy Prison. He remained there for a considerable time until the full amount of arrears was raised by his family to secure his release.
Needless to say he kept his payments up-to-date ever since.