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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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I have a court ruled Seperation agreement my

Customer Question

I have a court ruled Seperation agreement for maintenance my ex husband has cut off maintenance for one of my children who has a serious illness and intellectual disability calming she is an adult has a disability allowance (which she had when thevseperation agteemebt was ruled ) and he can't afford to pay he earns 30k more than me - he has issued divorce proceedings and a dat for a full hearing has been set but I can't afford legal fees can I go to the district court for maintenance reinstatement when divorce proceedings have been issued
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.
1. Yes, you can go to the District Court and seek to have the existing maintenance agreement in relation to your child with a disability enforced, even if there are divorce proceedings in existence whereby your former husband is seeking additional relief including a divorce. The existence now of these divorce proceedings does not prevent the existing maintenance order being enforced in the District Court. You do not have to await the outcome or the appearance in court of the divorce proceedings to get the existing maintenance order enforced in the District Court. Go ahead and get it enforced now. Issue District Court proceedings and get your husband's earnings attached to pay the maintenance arrears outstanding in relation to your child with disability. It makes no difference that he may be challenging this existing maintenance payments in his divorce proceedings. Get the order enforced and his earnings attached so you may have money to assist with this child's living.
Customer: replied 2 years ago.
Thank you it's just I was told that once a hearing date was fixed in circuit court I couldn't do that thanks
Expert:  Buachaill replied 2 years ago.
2. I don't know who told you that. But arrears of maintenance are always recoverable. Otherwise, how do you pay the ongoing expenses in relation to children?? It could be months before the Circuit Court deals with the issue and you would have no money??