What are the consequences of not honouring a legal separation agreement?

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Zen2025

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The SA states that child's father must pay maintenance €100pw subject to inflation changes along with 50% of all medical, optical, educational, special events (pre-agreed communion/confirmation/birthday etc) costs. While he pays the maintenance every 2 weeks (there were a few missed payments), he refuses to pay any other costs for over a decade now. We have one child who has 2 diagnosed conditions that require medical costs and physical therapy. Child also attends private psychology (been on the waitlist for HSE/CAHMS for well over a year) While ex has consented to all treatments in writing, he refuses to contribute financially despite the agreement. Almost 6 months ago my child opted to stop seeing dad for routine access because of his behaviour which is a story for another day. Child is 16 and TUSLA were spoken to about the situation etc...


My family law solicitor has since retired, and I know I have no alternative but to take it to family court but is there any point? what can be done legally to enforce the agreement and how long is it likely to take? My financial situation changed drastically due to a life changing illness and I'm just about managing but only because I've diminished every bit of savings I've built up over the years.


He earns an excellent salary and there's no reason why he cannot support his child other than not wanting to. Every 6 months I try sending registered letters, emails etc. with receipts and an excel of what is owed but he ignores them. My question is: (1) what would the consequences of him continuing to refuse/ignore the court orders and (2) how long is this likely to tie me up in family court? Also, if anyone can recommend a good family law solicitor in the South East area I'd be very much appreciative.
 
Yeah, I think you are right DannyBoyD but the cost of a divorce is offputting. Literally every spare cent I have goes into my daughter or keeping the house from falling down around me lol. Gonna have to suck it up and get it from somewhere. Any idea how long divorce proceedings take in Ireland these days?
 
Attachment of Earnings Order would certainly put a spring in his step as Employer would then know of his (appalling) behaviour!
 
Zen2025 said:
take it to family court but is there any point? what can be done legally to enforce the agreement and how long is it likely to take?
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In the interim (of filing for Divorce) you can bring your case for Child Maintenance to District Court. You don't need a Solicitor for this and you'll find the Court Clerks very helpful; they can't however give legal advice.

As @Ravima has pointed out, you can apply for an Attachment of Earnings Order. This means that the child maintenance is deducted directly from his salary and paid over to you.

I'd also advise setting out an an affidavit of means and look for an increase in child maintenance to €150 per week per child. This is the max allowed in District Court (and hasn't been increased in decades). If he wants to dispute it, he can file his own affidavit of means.

Its very important to understand (and its surprising how many people don't) that child maintenance is not based on the child's "costs" it is based on the income and expenditure of each parent.

Your income has decreased due to illness, and due to additional needs of your child your expenditure has increased; so its quite reasonable to seek a review.

Yes all this takes effort, but it's your child's money and you have to advocate for it.
 
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