Maintenance- attachment to earnings

M

Madilla

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I expect to have a case for arrears of maintenance heard in the circuit court next month. I have requested my solicitor to seek an attachment to earnings for maintenance payments. My ex-husband has said that his employer will not facilitate this. I have two queries. Firstly as my husband is now over a year in arrears with maintenace can I be confident that the judge will accede to my request to have the attachment to earnings? Secondly if the court does, is the employer obliged to make the required deductions?
 
Have you already a court maintenance agreement in place? If so, the Judge will make your ex pay the arrears under threat of jail. (I speak from experience as it happened me- long story).
Not sure about the attachment to earnings though, sorry.
 
Yes as part of my divorce I have maintenance order from the circuit court. Do you know if I will be able to express my wishes for arrears payment in court? I certainly dont want my ex to go to jail and would be willing to accept higher payments from now on to make up the arrears. I understand that the court can only make an award on the arrears for the past six months.
 
My ex owed basically ripped me off when it came to a sum of money (long story). I told her that I wouldnt be paying for x amount of weeks to make up for it. She reported me to the court. Went in and the judge said if I didnt pay i'd be going to jail. My ex bricked it as much as me because I take the kids a lot and she would have been left stuck.
Basically the judge said what she did was wrong and I should sue her in a civil court but the maintenance was a separate issue and needed to be sorted out in the Family courts. It was only about 10 weeks so I ended up paying.
Im not sure if its limited to 6 months. You should have reported staright away really to get it sorted as quick as possible.
 
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