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Maintenance from unemployed father

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  • 03-04-2011 8:30pm
    #1
    brooksp
    Closed Accounts Posts: 24 ✭


    Hi, I am looking for some advice for my sister.
    She has recently separated from her husband of 15 years and has moved out of the house they lived in. She has two children, one is 21 and has left home, the other is 16 and in school. The 16 year old now lives with my sister.
    Her husband is not working having been made redundant recently whereas my sister is working every hour she can to pay her bills. Her ex has about 40K in the bank from his redundancy and I want to know if she is entitled to any of this money through a maintenance payment.
    He is refusing to help at all, he is still living in the family home and has reduced the mortgage payments to “interest only” of about 200pm while my sister is paying nearly 600pm in rent. Someone told her she is not entitled to ask him to sell the house as she left him. I cant believe this is true.
    I understand people cannot give legal advice on this forum but would like to hear some peoples opinions on the matter and help on where she can get the relevant advice.
    Thanks


Comments

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    #2
    metrovelvet
    Closed Accounts Posts: 9,376 ✭✭✭metrovelvet


    She would have to see a solicitor about what she might be entitled to as an ex -spouse of that. Child maintenance would never come out of that at all.


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    #3
    amiable
    Registered Users Posts: 12,206 ✭✭✭✭amiable


    OP your sister really needs to get proper legal advice


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    #4
    aujopimur
    Registered Users Posts: 3,953 ✭✭✭aujopimur


    If she can't afford a solicitor she can apply for free legal at her local law centre. (Check yellow pages for the location)
    P.S.Irish divorce is no fault, who left who etc. does'nt matter.


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    #5
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    As mentioned no-fault applies so who left who is irrelevant. As primary carer of a minor she would most likely be granted the house itself and maintenance from him. His employment status would not matter only his ability to pay and with that in the bank...

    Only thing she can do at this stage is talk to a solicitor or FLAC and sooner rather than later.


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    #6
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Your sister really needs to see a solicitor, given that there is a house and children involved.

    FLAC do not provide legal aid in the case of civil legal matters, that is done by the legal aid board, who means test applicants.

    http://farm6.static.flickr.com/5030/5585936159_3603a8413b.jpg


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