Attachment of earnings

Cria

Any help welcome. My son is 18 his father never paid maintenance last year he started giving €30 . This year we went to court for maintenance I was awarded more and he never paid what was ordered just continued the €30. We went back for arrears and attachment he was ordered to pay arrears next month. He claimed he was out of work sick the attachment was due to start this week it didn't go in the bank he just put the months worth of €30.. I'm representing myself any advice on what steps to take next should I bother going back for arrears or does the fact He is out sick change the situation he has an appeal in June he was trying to put off arrears ect until after then so it's obvious what he is doing.. he's cheating the system and it feels there is nothing I can do .. between him and his wife they are doing everything possible to avoid the payments

lifeandtimes

Cria wrote: »

Any help welcome. My son is 18 his father never paid maintenance last year he started giving €30 . This year we went to court for maintenance I was awarded more and he never paid what was ordered just continued the €30. We went back for arrears and attachment he was ordered to pay arrears next month. He claimed he was out of work sick the attachment was due to start this week it didn't go in the bank he just put the months worth of €30.. I'm representing myself any advice on what steps to take next should I bother going back for arrears or does the fact He is out sick change the situation he has an appeal in June he was trying to put off arrears ect until after then so it's obvious what he is doing.. he's cheating the system and it feels there is nothing I can do .. between him and his wife they are doing everything possible to avoid the payments

Best advice is talk to a solicitor.

However I'm a bit confused about the attachment of earnings. These are sent to an employer who them deduct the amount from the debters wages and pay the crediters account. If the money was increased and the amount you received was for the previous amount it sounds like the AoE hasn't been activated by his job and he paid you himself. If that's the case you've answered your own question, you just need the evidence to back up your claims as with anything to do with court

Cria

lifeandtimes wrote: »

Best advice is talk to a solicitor.

However I'm a bit confused about the attachment of earnings. These are sent to an employer who them deduct the amount from the debters wages and pay the crediters account. If the money was increased and the amount you received was for the previous amount it sounds like the AoE hasn't been activated by his job and he paid you himself. If that's the case you've answered your own question, you just need the evidence to back up your claims as with anything to do with court

I can't afford a solicitor I'm doing it myself trying to find out bits as I go along .. I
Was thinking if he's out sick it must mean the attachment doesn't apply . I've had no feedback as to whether it was activated or not , I was just hoping for some help from anyone that might have gone through the same thing

lifeandtimes

Cria wrote: »

I can't afford a solicitor I'm doing it myself trying to find out bits as I go along .. I
Was thinking if he's out sick it must mean the attachment doesn't apply . I've had no feedback as to whether it was activated or not , I was just hoping for some help from anyone that might have gone through the same thing

I'm not sure why it wouldn't apply if he was out sick? Does he not get paid while sick? That may be a case but the employer are under legal obligation to pay the set amount.

However even if he was out sick not being paid he still only paid the lower amount so he must have had some income which won't be looked on favourably by a judge.

As I said bring all your evidence and let the judge do the rest

You can also apply for legal aid if you can't afford a solicitor and FLAC can help you too

Cria

lifeandtimes wrote: »

I'm not sure why it wouldn't apply if he was out sick? Does he not get paid while sick? That may be a case but the employer are under legal obligation to pay the set amount.

However even if he was out sick not being paid he still only paid the lower amount so he must have had some income which won't be looked on favourably by a judge.

As I said bring all your evidence and let the judge do the rest

You can also apply for legal aid if you can't afford a solicitor and FLAC can help you too

He said he doesn't get paid from his job he is being paid sick leave by the social welfare he has two other side earnings as has his wife so there is a large income going in . Also he keeps changing his story everytime we go to court I was looking into getting transcripts but apparently they are €200 so I'm stuck at the moment ..thanks so much for your help