Child Maintenance

caz0078

Hi All ,

My hubbie pays 80 euro a week child maintenance through a maintenance order but no where on the order does it say anything about extra expenses , his x every phone call lately is looking for more cash which we cannot afford she is even that bad she gets their daughter to ask bout money and we have to say no . She never sticks to our access order we see her when she feels like it which is not fair . Seen as our order just says maintenance and nothin about extra are they all included ?

Moonbeam

It depends what the extras are ,if it is something like a school uniform then maybe offer to buy it outright for the child or buy some of it and remember to keep receipts.

James Jones

The Court Order states what one parent has to pay to the other. If "extras" aren't mentioned, extras don't have to be paid.

If she's short of money, then she should send the child to the father more often, as she could save the money she would have spent on food.

caz0078

James Jones wrote: »

The Court Order states what one parent has to pay to the other. If "extras" aren't mentioned, extras don't have to be paid.

If she's short of money, then she should send the child to the father more often, as she could save the money she would have spent on food.

she def wuouldn do that at all she is now breaking the court order by not lettin him c the child because we could not give the money but i did think that if court order has not got extras mentioned then they dont b paid

Klingon Hamlet

Your hubbie types up a letter offering to take the child more often, thereby reducing his ex's costs. He also informs her in a civil manner that if she breaks the access order one more time, then he will do the right thing and go to court to seek the judge's help.

Photocopy it, register post it.

If access breaches continue, he needs to go to court with the letter and with all the dates missed listed.

Judges hate to see a child deprived of their mum or dad. The ex is sadly making things worse for everyone, especially the child.

Also tell him about the mediation service available free through Dolphin House and through the Family Support Agency. Sometimes grievances can be resolved and overcome outside of the court arena. The judge can make whatever agreement they come to a binding agreement, and no-one feels forced into an arrangement.

Empowerment here is the key. The mum may be "primary carer" in the eyes of the law, but it is her duty to fulfil her obligations on that order---and it is important he gets to raise his own child.

Hope this helps, and all the best.

playmasterone

hi there is a court order for me to see my kids one night a month cause my x wife now lives in scotland now she is not keeping to the assess order what can i do

Klingon Hamlet

playmasterone wrote: »

hi there is a court order for me to see my kids one night a month cause my x wife now lives in scotland now she is not keeping to the assess order what can i do

See here:

Enforcement of Court Orders is a matter for Courts. Clients should be advised to make a formal complaint to the District Court clerk if an access Order has been breached. The Court clerk can then issue a breach of access summons. As the summons is a criminal summons the issue of legal aid does not arise. Solicitors should however be mindful of the possibility of the Court treating a breach of access summons as an opportunity to vary an access Order.

mcl3001

Hi, I find myself in a similiar situation. I was brought to court needlessly by my ex a few years back. As I was paying and wanted to see my child the judge turned on her as he had been dealing with fathers that wanted nothing to do with their children all day. Any way I had to pay 50 euro a week through bank order and in 6 years I have not missed one payment although 2 years ago I reduced it to 40 euro as I was out of work since 2009 and have been since as I returned to college. She is now looking for money off me for extra expenses also. I am boderline as it is and my outgoings are more than the 188 that comes in. I would have no problem helping if I could but I physically cant! Have you found out if your husband has to pay?

Klingon Hamlet

mcl3001 wrote: »

Hi, I find myself in a similiar situation. I was brought to court needlessly by my ex a few years back. As I was paying and wanted to see my child the judge turned on her as he had been dealing with fathers that wanted nothing to do with their children all day. Any way I had to pay 50 euro a week through bank order and in 6 years I have not missed one payment although 2 years ago I reduced it to 40 euro as I was out of work since 2009 and have been since as I returned to college. She is now looking for money off me for extra expenses also. I am boderline as it is and my outgoings are more than the 188 that comes in. I would have no problem helping if I could but I physically cant! Have you found out if your husband has to pay?

Produce a statement of means if she takes you to court,and ask she does the same. In the meantime, offer to take the child more often to ease her financial burden. It also gives you more time together. Two birds, one stone.