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cmcsolicitor
cmcsolicitor, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 108
Experience:  and Mediator practicing in Cork, Ireland.
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Hi there, At present my brother is living in the UK, he

Customer Question

Hi there,

At present my brother is living in the UK, he had been paying child maintenance but unfortunately due to ill health he has lost his job and is behind with his payments, he ex partner is not giving him and access to the child and this is breaking my nephews heart. She is also threatening a Bench Warrant on him if he does not pay in full ASAP. Please advise what can be done.
Submitted: 9 months ago.
Category: Republic of Ireland Law
Expert:  wendy-Mod replied 9 months ago.
Hello,

I'm Wendy, and I’m a moderator for this Legal topic.

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Customer: replied 9 months ago.

 


Hi Wendy, i wish to wait for a response

Expert:  Fran-mod replied 9 months ago.

Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
Expert:  Clare replied 9 months ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
Please confirm which part of the UK your nephew lives in and where his child lives?
Claire
Customer: replied 9 months ago.

My brother is living in London and my nephew is living in Ireland

Expert:  Clare replied 9 months ago.
Hi
Then this is a matter that will have to be dealt with in Ireland so I shall opt out for a Irish Law Specialist
Claire
Expert:  Fran-mod replied 9 months ago.

We will look for an Irish law professional to assist you. Please let me know if I can be of any further assistance while you wait.
Expert:  cmcsolicitor replied 9 months ago.
Your brother should write to his ex partner explaining that he has lost his job - or to her solicitor if he has received correspondence from a solicitor. He should get help and prepare a new "statement of means" or account of his finances, showing how much is coming in and going out for living expenses each month, and showing how much is available to him by way of surplus, that can be paid as maintenance. He should figure out how much he can afford at the moment, let his ex know what it is, and start paying that. If his ex refuses to agree to vary what I presume is a District Court maintenance order, then your brother should take control of the situation and apply to the District Court, in the area where his ex lives, for a variation of the Maintenance Order.
In terms of access, if there is a District Court access order, then it must be respected. If it is not adhered to, then your brother needs to make an application to the District Court for an order telling your sister to adhere to the order.
The office of the relevant District Court is the best place to go to get the forms that your brother needs to fill. They will help with filling the forms as well. Your brother should bring copies of any previous orders with him - or you should bring them if you are going to get the information for him.
One final piece of advice - when your brother is communicating with his ex about all of this, he should keep the topics separate. Deal with money matters only in one letter/ email or whatever, and the next day write regarding access and about what is in the best interests of the child. Do not discuss the two separate topics in the same letter/ email. This may help to separate the issues.
Customer: replied 9 months ago.

Hi there,


 


Thanks for your advice i was wondering can she order a Bench Warrant she is threatening this on a number of occasions.


 


Also i am not too sure but my brother may have missed a court appointment in February which he missed as my Mother passed away during this time.

Expert:  cmcsolicitor replied 9 months ago.
Your brother's husband cannot issue a Bench Warrant- only the judge can do that. If in fact your sister has made an application for enforcement of the maintenance order, the Judge will want to know for certain that the respondent (your brother)has been served with the papers and that he has had a chance to respond. Your brother should find out whether there was a court date, in which case the matter is likely to have been adjourned. He should ask his ex to ensure that he is informed of any applications so that he can answer them. He should let her solicitor know his address so that they can serve him. If he misses one date after another and refuses to deal with the matter or to respond properly, with his financial statement or at least proof of his current employment status, then eventually a warrant would issue, yes.

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