i need advice

thecross1

hi I'm separated from my wife since last June i think i made a mistake by not getting a solicitor from the start i paid average of 300 a week for the first couple of months i have 3 children but I'm also renting an apartment i dropped the 300 down to 200 per week now i knew from the start my wife was going to bring me to court for maintenance when we got to court my wife cried poor mouth started crying and asked for 300euro a week for the mortgage now my wife got what she wanted i have to pay 300 a week Ive to pay my rent my credit union all the usual bills on average id earn about 650 take home that takes into consideration my o/t.
now my wife tells me she is taking me back 2 court because she was told she should have asked for more any1 any advice
because on my wage`s on a flat week which are becoming more frequent. i earn about 580 take home without o/t how can a judge just say pay 300 a week and keep doing o/t. how do i keep up my bills and what if i want to buy the kids a present basically i`m screwed i need advice.

Nevyn

thecross1 I saw your post before you edited it.

I don't think it is in the wrong place there are Dad's here who have been through the system who may have good adnice for you.

thecross1

thanks 4 replying i thought i did post in the wrong place so i deleted it I'm just going to go to a solicitor

thecross1

does any1 know any good solicitors that they would recommend

thecross1

any1 any advice out there as i wont be able to pay my rent this month if i have to pay that amount of money out

Nevyn

I would suggest that you go back to court and bring in all the documentation you can with all of your out going and explain that Over Time is not a part of your regular wages and bring pay slips to back that up and you need a roof over your head so do pay your rent and you apply for a variance order.

IF you dont' have the money you don't have the money you are entitled to a basic standrard of living and that includes a roof over your head.

thecross1

thanks 4 the reply whats a variance order

Nevyn

A variance order is an amendment to a maintenance or visitation order made by the court.
Either party can apply for one.

http://www.citizensinformation.ie/categories/birth-family-relationships/separation-and-divorce/maintenance_orders_and_agreements

Varying the amount of maintenance

It is advisable to update weekly maintenance payments annually. Where maintenance orders have been made through the courts, either parent can at a later date apply to the court to have the amount varied. (Varied means having the amount increased or decreased). In order to do this, you will require a 'Variation Order'.

thecross1

thanks again i went in today and put in an appeal which will be heard in the circuit court but while i was there i asked the judge what do i do in the mean time about payments does the order stand she said yes so i told it was impossible 4 me to pay that sort of money out as i would have no where to live so she send me back down to the clerk and to put in an a variance order. so i did hopefully ill have better luck this time

pinc

Mods I hope it's ok to refer thecross1 to another site.
thecross1, type in 'rollercoaster.ie' -click on 'separation/divorce' in the 'list all message boards' to talk to people who have been in your situation and who know the ropes, so to speak.
Mediation is the 1st stop-I'm surprised this has not been recommended already.Try it-court is expensive and nasty.
I wish you well

thecross1

cheers pinc ill have a look at it now thanks again