can you cancel a maintenance court summons

sec1307

my childs father is refusing to pay child support so i would like to scare him into paying something by getting the courts to send him a summons, iv heard that you can cancel the court date if we were to come to an arrangment but if we dont can i still cancel it? can i just cancel it for no reason?
he isnt earning as much as he was (just €240) and he says he has major loans so i would like to wait for afew months before actually going to court as im currently living with my parents trying to put money away foe when things are tough. i havnt got a huge amount of expenses eg. bills, fuel
its not about the money its about paying to support his child even when hes lost interest in her

Nevyn

Don't use a summons to cry wolf go so court and get it sorted and have proper order put in place. Don't abuse the already overly stretch family law system, talk to the court officer to have the proccedures explained to you.

sec1307

well sending him a court summons is the only thing i can do at this stage. im 99% certain he'll pay if he thinks im bringing him to court. were not on speaking terms over him ignoring his child.
has anyone ever changed their mind about going to court once the summons has been sent?
actually bringing him to court is going to cause me alot of agro. hes not a very nice guy at the best of times and is v.unpredictable, but he should be supporting his child in some way

Deliverance

sec1307 wrote: »

well sending him a court summons is the only thing i can do at this stage. im 99% certain he'll pay if he thinks im bringing him to court. were not on speaking terms over him ignoring his child.
has anyone ever changed their mind about going to court once the summons has been sent?
actually bringing him to court is going to cause me alot of agro. hes not a very nice guy at the best of times and is v.unpredictable, but he should be supporting his child in some way

Even more reason to go to court and get the payments 'set in stone'. Stick to your guns and follow the court process through for the sake of your childs financial welfare and indeed your own sanity OP. That is the most important thing.

I think that if you back out at the last minute on this then it will only make the situation more difficult in the long run. I.e. He will pay in the short term due to threats, but might then realise that you will back off under pressure. This could lead to a more complicated case.

A father has to pay for his child full stop. Follow through what you have already started despite your fears. You will find that the courts will find in your favour. Do not be afraid to stop your process at the moment.

I am a seperated father by the way and I pay every spare penney I have to make sure that my little one never has to go through financial stress directly or indirectly despite being out of work at the moment.

smelltheglove

sec1307 wrote: »

well sending him a court summons is the only thing i can do at this stage. im 99% certain he'll pay if he thinks im bringing him to court. were not on speaking terms over him ignoring his child.
has anyone ever changed their mind about going to court once the summons has been sent?
actually bringing him to court is going to cause me alot of agro. hes not a very nice guy at the best of times and is v.unpredictable, but he should be supporting his child in some way

Sorry to hear its getting so bad sec, I agree that you shouldnt use up the system as a scare tactic, you should be doing it for real. Dont go soft on him, you've given him enough chances at this stage so if he doesnt want to cop on then take him the whole way, its guys like this that give single dads a bad name.

Jo King

If you reach agreement on the amount of maintenance you are still better to go to court and have the amount made an order of the court. That way if he does not pay you can threaten him with jail. If you change your mind about going ahead with a court application there is usually no problem if you do it in advance of the hearing date. Do not get the name of being a messer with regard to court applications. If you have a legal aid solicitor they might get annoyed and lose interest in you. Equally if a judge thinks you are constantly coming into court and then changing your mind they might get fed up and award you a derisory amount of maintenance.