MM v GM

• Jurisdiction: Ireland
• Judge: Mr Justice Diarmuid B O'Donovan
• Judgment Date: 25 November 1999
• Neutral Citation: 1999 WJSC-CC 4891
• Court: Circuit Court
• Date: 25 November 1999

1999 WJSC-CC 4891

THE CIRCUIT COURT

EASTERN CIRCUIT

COUNTY OF KILDARE

1999 No. 430 CA

M (M) v. M (G)

BETWEEN

MM

APPLICANT

AND

GM

RESPONDENT

Citations:

FAMILY LAW ACT 1995 S42

Abstract:

Family Law - Maintenance payments - Appeal against amount - Dependant child - Lump sum order - Income of respondent - Disclosure of assets - Financial position of parties - Whether court should amend original orders - Family Law Act, 1945 (No 26) section 42.

Orders relating to the payment of maintenance were made in the instant case on 15 October 1999 in the Circuit Court. The respondent appealed in relation to the amount of maintenance made payable in respect of the eldest son whom the respondent claimed was no longer a dependant child within the meaning of the relevant legislation. The respondent also appealed in relation to increases made in respect of the orders of maintenance payable to other children and also in relation to the payment of a lump sum to the applicant. The applicant cross appealed in relation to the finding that regular maintenance should not be paid to her. O’Donovan held that the eldest son should not receive maintenance as he was no longer a dependant member of the family. However the respondent should in some way contribute to the eldest son in an informal manner. O’Donovan J upheld the orders made in relation to the increased maintenance payable in respect of the other children and dismissed the cross appeal by the applicant that no maintenance be paid personally to her. The court also allowed the appeal by the respondent in respect of the lump sum payment.

1 JUDGMENT of Mr Justice Diarmuid B O'Donovan delivered on the 25th day of November 1999

2 This is an appeal by the Respondent against an Order by Her Honour Judge Jacqueline Lenane made herein on the 15th day of October, 1999 whereby the learned Circuit Court Judge made an Order varying an Order of the Court made herein on the 11th day of July, 1996 in the following terms, namely;

3 1. An Order that the Respondent do pay to the Applicant the sum of '120 per month in respect of maintenance of P M, the eldest son of the Applicant and the Respondent and that the Respondent be responsible for the payment of all school fees and medical expenses payable in respect of the said P M.

4 2. An Order that the maintenance payable by the Applicant to the Respondent under the said Order of the 11th day of July, 1996 in respect of their children, C M and G M, be increased to a sum of £320 per month in respect of each child and that the Respondent be responsible for the payment of all fees payable in respect of the said C M to the school in the city of Dublin and be responsible for the payment of all dental expenses incurred on behalf of the said C M and the said G M and

5 (3) that the Respondent do pay to the Applicant a lump sum of £5,000 within three months of the date of the said Order.

6 For her part, the Applicant has cross appealed against the said Order of the learned Circuit Court judge on the grounds that her apportionment of maintenance was inadequate and that she erred in failing to award maintenance to the Applicant.

7 Statements of their respective income and expenditure for the year 1998 were filed on behalf of the Applicant and the Respondent prior to the hearing in the Circuit Court and, during the course of the hearing before me, I heard evidence from both the Applicant and the Respondent and from Mr J H, and Mr M N. I was also referred to the several books of discovery made by the Respondent.

8 In the light of...