No solicitor in Family Court - bad idea :/ ?

qdawg86

Hi,

My brother is going to Family Court soon. He is going as his ex wants to increase maintenance payments. He has been to FLAC and was told that he already pays over the amount he needs to for the children (based on his income I assume), so we are not quite sure what to expect. 

Has anyone represented themselves in FC? My brother is planning to do this and I am concerned as, he has never been in a court room so I imagine he won't know how it present his case properly. 

When I raise the issue he just says he can't afford to pay a solicitor. He pays half the mortgage also and doesn't qualify for legal aid. He has the kids every weekend Fri- Sun, and whenever else he is asked to have them. 

Would anyone have any advice or information?

Victor

Solicitor is a one-time cost, maintenance is an ongoing cost.

judeboy101

"whenever else he is asked to have them."

That right there is why he should lawyer up.

qdawg86

judeboy101;103908292"whenever else he is asked to have them."

That right there is why he should lawyer up.

I don't follow....sorry

judeboy101

qdawg86 wrote: »

judeboy101;103908292"whenever else he is asked to have them."

That right there is why he should lawyer up.

I don't follow....sorry

He gets to see the kids at weekend and whenever his ex wants to 'dump then on him'. Doesn't sound like shared parenting to me. Seems like his ex is getting a pretty good deal if your brother is supporting her, the kids and her lifestyle.hence lawyer up. If he has to pay more he should have way more control over when he has access not just at her whim.

qdawg86

O

judeboy101 wrote: »

qdawg86 wrote: »

judeboy101;103908292"whenever else he is asked to have them."

That right there is why he should lawyer up.

I don't follow....sorry

He gets to see the kids at weekend and whenever his ex wants to 'dump then on him'. Doesn't sound like shared parenting to me. Seems like his ex is getting a pretty good deal if your brother is supporting her, the kids and her lifestyle.hence lawyer up. If he has to pay more he should have way more control over when he has access not just at her whim.

Oh I see. Okay - thanks.

Evd-Burner

qdawg86 wrote: »

Hi,

My brother is going to Family Court soon. He is going as his ex wants to increase maintenance payments. He has been to FLAC and was told that he already pays over the amount he needs to for the children (based on his income I assume), so we are not quite sure what to expect. 

Has anyone represented themselves in FC? My brother is planning to do this and I am concerned as, he has never been in a court room so I imagine he won't know how it present his case properly. 

When I raise the issue he just says he can't afford to pay a solicitor. He pays half the mortgage also and doesn't qualify for legal aid. He has the kids every weekend Fri- Sun, and whenever else he is asked to have them. 

Would anyone have any advice or information?

I'm currently in the process of representing myself. It's not as bad as I thought it was going to be, the devil is in the detail though, he will need to put hours upon hours into prep. I have also gone down the road of using solicitors, 2 different ones and each time I wasn't happy. It just felt like a waste of money.

When is he due in court?

Take a look at http://www.uspi.ie/, he should go to the group meetings if close as they are very helpful!

qdawg86

Evd-Burner wrote: »

qdawg86 wrote: »

Hi,

My brother is going to Family Court soon. He is going as his ex wants to increase maintenance payments. He has been to FLAC and was told that he already pays over the amount he needs to for the children (based on his income I assume), so we are not quite sure what to expect. 

Has anyone represented themselves in FC? My brother is planning to do this and I am concerned as, he has never been in a court room so I imagine he won't know how it present his case properly. 

When I raise the issue he just says he can't afford to pay a solicitor. He pays half the mortgage also and doesn't qualify for legal aid. He has the kids every weekend Fri- Sun, and whenever else he is asked to have them. 

Would anyone have any advice or information?

I'm currently in the process of representing myself. It's not as bad as I thought it was going to be, the devil is in the detail though, he will need to put hours upon hours into prep. I have also gone down the road of using solicitors, 2 different ones and each time I wasn't happy. It just felt like a waste of money.

When is he due in court?

Take a look at http://www.uspi.ie/, he should go to the group meetings if close as they are very helpful!

End of July. I will look at the link. Thank you!!

pilly

I have found them very helpful in the past. Once you do your preparation and have a list of your incomings and outgoings then you should be okay. The judges are human and realise there is only so much money that a person can pay.

As far as I recall, they take your disposable income and reckon that half of that should go towards the children. Bear in mind though, the judge did get smart with my ex husband at the time because his car loan was for a BMW and she told him that given the current situation perhaps he couldn't afford a BMW. Then again, he was paying nothing at the time.

Your friend seems to be paying what he should be so I don't see the same problem arising.

I wouldn't be going down the road of getting antsy about the access. Judges won't get into that row and neither should they, it has nothing to do with the maintenance.

Mr. Incognito

Hire a solicitor - learn their cost

Don't and you will learn their value.

Best of luck self representing.

goz83

If you hire a solicitor, at least give them all the facts. If you give them very little, you will most likely feel that you wasted money. A buddy of mine has gone the barrister route and has given lots and lots of information to his barrister who has so far done a great job. Yes, legal representation is expensive, but it's more costly to go into court with nothing. He needs to be able to show that he is doing his fair share and has been funding her lifestyle with maintenance payments.

I love Sean nos

qdawg86 wrote: »

He is going as his ex wants to increase maintenance payments.

Is his ex likely to be represented by a legal professional?

lifeandtimes

Ive represented myself plenty of times and it's no problem as long as you are prepared and don't lie.

When it comes to maintenance it's black and white and down to the details. He would have had to fill out a statement of means and will be required to provide bank statements to confirm his outgoings.

The judge will take all of this and work out what can be afforded vs what the children cost based on the mothers figures. If he is paying over the odds don't be surprised if the amount is reduced.

However he should be prepared that things like money for smokes, gym membership, an additional vehicle for weekends etc don't count as proper expenditures. I know someone who had a car and wasn't paying maintenance or using the car for work so the judge told him to sell it to start paying

Kimbot

After been in that position on numerous occassions I would advise you to get a solicitor, they are worth their fee in the end.

qdawg86

I love Sean nos wrote: »

qdawg86 wrote: »

He is going as his ex wants to increase maintenance payments.

Is his ex likely to be represented by a legal professional?

Yes, I think so. He got a solicitor's letter advising him that he needed to go to Family Court.

qdawg86

lifeandtimes wrote: »

Ive represented myself plenty of times and it's no problem as long as you are prepared and don't lie.

When it comes to maintenance it's black and white and down to the details. He would have had to fill out a statement of means and will be required to provide bank statements to confirm his outgoings.

The judge will take all of this and work out what can be afforded vs what the children cost based on the mothers figures.  If he is paying over the odds don't be surprised if the amount is reduced.

However he should be prepared that things like money for smokes, gym membership, an additional vehicle for weekends etc don't count as proper expenditures. I know someone who had a car and wasn't paying maintenance or using the car for work so the judge told him to sell it to start paying

Thanks !

I love Sean nos

qdawg86 wrote: »

Yes, I think so. He got a solicitor's letter advising him that he needed to go to Family Court.

He's going to be playing uphill and into the wind if he turns up without his own. She's looking for more money, why should he give away an advantage like that?

lifeandtimes

I love Sean nos wrote: »

He's going to be playing uphill and into the wind if he turns up without his own. She's looking for more money, why should he give away an advantage like that?

Well the mind set could be that if he can't afford 500 quid for a solicitor then he cant afford more maintenance. Plenty of people in full time work don't qualify for free legal aid but can't actually afford a solicitor either. Would go his way in my opinion provided he was prepared with his documents and statement of means etc

I love Sean nos

lifeandtimes wrote: »

Well the mind set could be that if he can't afford 500 quid for a solicitor then he cant afford more maintenance.

Could also be applied to the wife; what does she need more maintenance for if she can afford to splash out on solicitors.

All that needs to happen now is the judge to be swayed by that argument.

lifeandtimes

I love Sean nos wrote: »

Could also be applied to the wife; what does she need more maintenance for if she can afford to splash out on solicitors.

All that needs to happen now is the judge to be swayed by that argument.

That could be an argument ops brother uses but I'd stir clear of putting blame on the other party with that stuff as it never goes well and she could have free legal aid etc so best to leave it.

Use the facts of what you can and can't afford and then it should work out

MissTheDome

qdawg86 wrote: »

Would anyone have any advice or information?

My ex husband represented himself. The judge was very kind to him. Understanding almost, it is what it is. There are no winners in family court. Be honest, eye contact, prioritise. Don't have preconceived notions of fairness. Make sure there's someone calm for moral support on the day.

PAULNIPPER

qdawg86 wrote: »

Hi,

My brother is going to Family Court soon. He is going as his ex wants to increase maintenance payments. He has been to FLAC and was told that he already pays over the amount he needs to for the children (based on his income I assume), so we are not quite sure what to expect. 

Has anyone represented themselves in FC? My brother is planning to do this and I am concerned as, he has never been in a court room so I imagine he won't know how it present his case properly. 

When I raise the issue he just says he can't afford to pay a solicitor. He pays half the mortgage also and doesn't qualify for legal aid. He has the kids every weekend Fri- Sun, and whenever else he is asked to have them. 

Would anyone have any advice or information?

I am going back to court soon. I am looking to get the maintenance I pay reduced. I am trying to decide whether to use a solicitor or go alone. What did your brother do in the end? First time around I used a solicitor (paid for) and he was terrible. He got me to agree a maintenance that I've since learned was too high. What were the circumstances that lead to him being turned down for free legal aid?

Payton

I have represented myself on numerous occasions in family and circuit courts. Have your facts ready, be honest, be upfront on what is asked of you.
You will be afforded the right to defend yourself, if your ex's legal team start using legal terms that you don't understand etc the judge will soon put manners on them.
If you feel strong enough and prepared enough go for it.
You can only hand over so much money..you need to live your life too.