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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4413
Experience:  Barrister at law
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I have just moved to Ireland with my husband he had to move

Customer Question

I have just moved to Ireland with my husband he had to move back to the uk 4 years ago after his relationship broke down, he has moved back to Ireland to be near his 12 year old daughter. Whilst in the uk he did contribute a small amount of money to his ex-partner for dental bills etc, we have just received a summond to appear in court on 26th june, ref. maintenance of their child, she has never filed for maintenance before. Can she ask for back maintenance, as she has never asked for maintenance ? also can she have a claim on our cottage which we have just brought together, I am working full time, but my husband is working on our run down cottage, so does not have an income, he is also not sighning on ?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: He has parental rights to see his daughter every other weekend, these are not being honoured by the mother, so he has sought legal aid and that is going to be taken further .
JA: Have you talked to a lawyer about this yet?
Customer: No, not the matter of maintenance, we only got the letter last Wednesday, and we have e-mailed the solicitor dealing with the access issue, but have had no reply, we are anxious as we have no legal representation, and are frightened his ex partner is acting unfairly, and we will be taken to the cleaners financially in this
JA: Anything else you want the lawyer to know before I connect you?
Customer: no just those 2 questions really
Submitted: 5 months ago.
Category: Family Law
Expert:  Nicola-mod replied 5 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  plclegal replied 5 months ago.

Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

In relation to your 2 questions:

1. Child maintenance can be backdated but only to the date of the application as far as I am aware, so it should not be backdated for the last 4 years.

2. When determining maintenance, the court will look to the reasonable needs of the maintenance creditor (the person entitled to the maintenance) against the ability of the maintenance debtor (the person directed to pay the maintenance) to pay. It will also look at the circumstances of "all of the family". In my experience the maintenance claim itself would not affect the property that you own. But if maintenance is ordered by the court and he falls behind on payments, this may result in enforcement proceedings which could then lead to a charge on your property.

So, the key is to present the financial information to the court, and then abide by the court's ruling.

Unless, of course, he disagrees with the ruling (on the basis that it is unjust, or procedurally wrong for example, not that he just doesn't like it) and in this case he has 14 days to appeal.

I hope this clarifies things for you?

Expert:  plclegal replied 5 months ago.

Hello.

I didn’t receive confirmation that you received my response to your question.

Was there anything that needed clarifying at all?

Kind regards,

Peter

Expert:  plclegal replied 5 months ago.

Hello.

I didn’t receive confirmation that you received my response to your question.

Was there anything that needed clarifying at all?

Kind regards,

Peter

Expert:  plclegal replied 5 months ago.

Hello.

I didn’t receive confirmation that you received my response to your question.

Was there anything that needed clarifying at all?

Kind regards,

Peter