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Hi guys,
First time poster and I have, for want of a better word, been “Lurking” for a while.
Basically, my ex (Woman from [censored]) decided, while we were still together, to up sticks and move back to Ireland, we were in the UK for 10 years.
I stayed here for work for a few months and when I moved back to Ireland we lasted about 3 weeks until we spilt, I promptly moved back to the UK as, after 10 years I had no friends or family I could rely on in Ireland and I would have been effectively homeless.
After the spilt we had an unwritten agreement that I would pay over the CSA guidelines.
To be honest when I came back to the UK I struggled with my new life and while I never lapsed on our agreement re: finances, I didn’t get back to see my daughter for a couple of months.
After getting myself together, head and money wise I tried to arrange contact. I begged and pleaded to be allowed see her and its killing me that she is growing up without knowing her dad. She wouldn’t acknowledge anything I said other than to tell me to contact her solicitor.
I did this only to be ignored, I got an email today telling me that there was a court hearing in my absence. (They said they sent a letter but I live in a shared house with 11 people and I never got it)
The judge has said I must pay over 30% of my income to my ex. And her solicitor has said she will only talk to my solicitor, (which I don’t have)
I cannot afford one as with child maintenance, rent and travel and I am broke as it is. I cannont possibly afford the money the judge is asking, but I can survive paying just over the CSA amount.
So, the question is, if I am paying the correct amount in the UK can Irish courts enforce their findings on me.
Thanks for reading, and any help is much appreciated.
Hi and welcome
Sorry to hear you have had a difficult time.
In short the answer is "yes" it can be enforced, although this is quite a complicated area of law of which I don't have much knowledge. There was a question on these boards yesterday relating to a situation between German and UK cross-borders that lead to the answer of REMO (Reciprocal Enforcement of Maintenance Orders) which I suspect answers your question too, but there are more "moving parts" in your situation. Also, for the EU dimension, take a look here
http://europa.eu/youreurope/citizens/family/couple/maintenance/index_en.htm
The other question you should consider is are there grounds for appeal (in Ireland), the answer to which you should seek from a legal professional qualified in Irish law. One obvious consideration is how has the Court in Ireland determined your contribution without knowledge of your income or status? I find this a bit "odd".
Lastly, solicitors can play lots of games. It is simply part of their repertoire when dealing with "third parties" in the course of "acting in the interests of their client" (which is not you). Unless a solicitors "demands" are backed by a court order, there is no obligation on you to do anything. Including demanding you obtain a solicitor. Although, it is good practice for solicitors in the UK to "suggest" an unrepresented third-party seeks legal advice/representation - perhaps it was phrased as advice?
In anycase - I do suggest you obtain advice as to what the best course of action is for you (action in Ireland I mean, i.e. appeal, etc), if this is what you want to do (if possible), ideally before it is registered/enforced in the UK.
hope helps
Thanks for your reply, I found it odd as well that they could determine that. The ex. knows roughly how much I earn but I would have thought they would need solid evidence for that.
I am going to try get a solicitor in Ireland involved but I am , as she seems to have unlimited resources when it comes to solicitors, I will be throwing good money after bad and will end up in a bigger hole than I am in now.
Hi no worries.
Yes, one should pick and choose when to seek legal advice - and I think this is one of those times.
Some people are quite happy to dig around legislation, while others not so. But in the event that you are - one place to start (and one thing to bring up with an Irish law qualified person) is the Status of Children Act, 1987. Section 18 5A says:
"5A.—(1) Subject to subsection (3) of this section, where, in respect of a dependent child whose parents are not married to each other, it appears to the Court on application to it by either parent of the child that the other parent has failed to provide such maintenance for the child as is proper in the circumstances, the Court may make an order (in this Act referred to as a maintenance order) that the other parent make to the applicant parent periodical payments, for the support of the child as aforesaid, for such period during the lifetime of the applicant parent, of such amount and at such times, as the Court may consider proper."
I've bolded and underlined the relevant part.
You can read that here:
http://www.irishstatutebook.ie/eli/1987/act/26/section/18/enacted/en/html#sec18
To me, if you were making payments (as you mentioned you were) - then perhaps the Court was not aware of this?
Hope helps.
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