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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2206
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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Interim maintenance application - is lack of access seen as

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Interim maintenance application - is lack of access seen as a fair defence for not paying maintenance? Child is refusing to see his father and the father won't entertain a psychologist's opinion- child nearly 11 and hadn't seen father in 3 1/2 years. My estranged husband says he will use lack of access in his defence of me seeking maintenance
This will serve him no good, lack of access is no grounds for refusing to pay maintenance. The two are seen by the courts as mutually exclusive. If he has an access order in place and you are not comply with it, there are mechanism he can use within the courts system to secure this access. However, he is not entitled to withdraw maintenance and the court will require that he pay all arrears.
Customer: replied 3 years ago.
Great thanks. He has never paid anything and there is no order in place. Can i look for arrears in my application as this is the first tim it going to court ?
If there is no order in place then there are no arrears so you can only get an order for maintenance. You can seek an order in relation to birthing costs under the act if you wish which may amount to a lump sum payment.
Customer: replied 3 years ago.
So although we have asked for maintenance and a contribution towards school costs, and the earliest I can get into court is late October, I cannot ask for any back payment ?
Yes, that s correct. An order can only be imposed from the date of the summons
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