I have maintenance order granted on divorce in District court which is effective until children finished full time education. My daughter finished degree in May but always hoped to continue her fulltime education.She had not however received an offer on her course of choice until September.My ex stopped maintenance when she finished in May and has not restarted since.I would have been happy if he restarted now but he has indicated he will not do so although there has been no change in his circumstances.It seems I will need to go to the district court to have this dealt with but I am wondering about the period from June to September how likely it is that a judge might award me arrears for this period?
Maintenance -break in Education
- Thread starter Madilla
- Start date
You don't say what age your daughter is now, but as far as her education is concerned, it would be assumed that she had finished in full time education when she got her degree in May. I am sure that his circumstances would also have changed, like everybody else's has with levies etc.... and % wage cuts???
Was he paying a large sum in maintenance to begin with. Are there other dependent children??? It is very unlikely you will be granted anything for the period between June to September... A trip to court might cost more than any maintenance being awarded, unless of course you have 'free legal aid'.
Was he paying a large sum in maintenance to begin with. Are there other dependent children??? It is very unlikely you will be granted anything for the period between June to September... A trip to court might cost more than any maintenance being awarded, unless of course you have 'free legal aid'.
What I meant were that his circumstances havent changed since May and no pay cuts.He probably takes home about €600 per week and we have two children -daughter 21 son 19 in full time education and I was getting €50 per week( low because I knew if I looked for more would not get it).My son was unemployed but is now also at college and getting back to education allowance.I dont have free legal aid.Thanks for your reply.
Last edited:
GreenQueen
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Lyonsie - are you sure that when a degree is awarded it's viewed that it's the end of full time education for the purposes of reckoning maintenance?
I thought that normally maintenance is payable until the child is 23 and in fulltime education.
I thought that normally maintenance is payable until the child is 23 and in fulltime education.
If your daughter is continuing in full time education the maintenance is still due until either that course finished or until she turns 23. Bring an application to the District Court for arrears of maintenance. You can do this yourself, District Court staff are very helpful or, if your means are limited, call into your nearest legal aid board.
Didnt realise but as my divorce was granted in circuit court and maintenance was in terms of agreement I will have to go back to circuit court and seems I can no longer bring the application myself.I have contacted my solicitor who advises I will need a barrister in court.I wonder if anyone might advise what this is likely to cost-i am awaiting solicitor to come back with costs? Also wondering if the costs can be awarded against my ex as it is he who has defaulted on his obligation.