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Child Maintenance Payments
https://paphospeople.com/ppforum/viewtopic.php?f=45&t=23140
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Author:  alexdc [ Mon Nov 26, 2012 10:04 pm ]
Post subject:  Child Maintenance Payments

Good evening, can you please help me.
on the 5th of June i was re-leaved of my duties with the company i was working for, i went to social services and the labour office and unfortunately have yet to find a job, but this is not my problem.

On the 6th of June i attended court along with my solicitor and my ex wife and her solicitor to be told that the court had ruled for me to pay €300per month as child support for my 2 children.
i gave my ex wife €300 for June and i also payed her €300 for July, at the beginning of August i asked my ex wife to sign an agreement between the 2 of us to state that whilst unemployed i would reduce the amount from €300 to €150 a month.
she refused, i spoke with my solicitor who said she would speak with my ex wifes solicitor and we would go from there.

Because we have a house together that i have offered to sign over to her without wanting any money or payments, we tried to agree with her solicitor but as yet no agreement.

So according to my exwife i now owe her €1500 for the months of August to December. she is threatening to have me arrested unless i pay her this amount but i dont have this money.

my social benefit is €161 a week a total of €644 a month. i am barely able to live on this amount and have be taking money from my father to help me through, i have yet to be paid for last months benefit.

i have the amount of €750 which is the €150 for each month set aside, but my ex is refusing this amount.

please help, what do i do and what can i do, Can she have me put in jail for christmas as she keeps threatening me she is going to do?

Should i withdraw my agreement to give the house to her for nothing and go through court to get what im entitled to as she has another 3 bedroom house in her name that her father gave her that is debt free..

please can you help as the stress has been damaging my health..

Thank you

Alex.

Author:  tanny [ Tue Nov 27, 2012 12:40 am ]
Post subject:  Re: Child Maintenance Payments

Wow, I have no idea where you start, but ask a solicitor like the one you are employing................
anyone else any ideas.

Author:  emgeeb [ Tue Nov 27, 2012 9:34 am ]
Post subject:  Re: Child Maintenance Payments

Isn't this rather personal and private?


Alan

Author:  tanny [ Tue Nov 27, 2012 11:24 am ]
Post subject:  Re: Child Maintenance Payments

Maybe borne through frustration and anxiety dealing in a country he is unfamiliar with, possibly asking if other members have had similar experiences and can then work by pm.

Author:  Haris Kalogirou [ Tue Nov 27, 2012 1:36 pm ]
Post subject:  Re: Child Maintenance Payments

Dear Alex,

If there is an order from the Court against you to pay Euro 300 and you fail to pay your wife has the right to ask from the Court to arrest you and send you to prison.

However, if the money you owe is for months that you did not work and have no income then you have the right to make an “objection” with the Court. In practice the procedure is as follows:

Your wife will go to the Court and make an affidavit to say for how many months you owe the money and the Court will inform you about this and they will give you a specific period in which to make the payment before the Court issues an arrest warrant. During this period you must either pay or you can go to the Court with your Lawyer and make an application/explain that for this period you did not have any income and the Court will decide on this.

Usually the Court will not issue the arrest warrant for this period but will give you more time.

If you do not do anything during this period then off-course the Court will proceed to issue an arrest warrant.

If you owe money for the period that you were employed then you are responsible to pay.

As you mentioned in your post that you have suggested to give the house to her and stop all payments, please note that payments for maintenance for the children is a separate matter to any property between you and you and your ex-wife can not make an agreement like this and avoid to pay maintenance. I am sure you can discuss this matter with your Lawyer.

The information above is based on what you posted, but as your own Lawyer has all the details please go speak to him/her directly to help you to resolve this.


Regards


Haris Kalogirou

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