MM v GM

 
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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.

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...

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