M v M (Approved) [2020] IEHC 609 (25 November 2020)

M v M (Approved) [2020] IEHC 609 (25 November 2020)

The court finds the maintenance proposed by the appellant is insufficient to meet the needs of three children and orders maintenance at the respondent's proposed level, allowing mortgage and orthodontic costs to be met from credit union accounts pending appeal.

Citation
[2020] IEHC 609
Parties
Respondent: M; Appellant: M
Jurisdiction
Ireland
Judgment Date
25 November 2020
Procedural Posture
Application for Variation of Maintenance Pending Appeal / Interim Order Prior to Substantive Appeal
Outcome
Interim variation of maintenance order pending substantive appeal.
Legal Topics
Maintenance, Variation of Maintenance, Interim Orders, Judicial Separation
Family Law Maintenance Variation of Maintenance Interim Orders Judicial Separation

Case Brief

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Parties

M

Respondent

M

Appellant

Procedural Posture

Application for Variation of Maintenance Pending Appeal / Interim Order Prior to Substantive Appeal

Legal Issues

  1. 1 Whether maintenance payable by appellant should be varied pending appeal
  2. 2 Appropriate use of children's credit union accounts for mortgage and orthodontic expenses
  3. 3 Assessment of parties' financial positions for interim maintenance

Ratio Decidendi

The court finds the maintenance proposed by the appellant is insufficient to meet the needs of three children and orders maintenance at the respondent's proposed level, allowing mortgage and orthodontic costs to be met from credit union accounts pending appeal.

Court Disposition

Interim variation of maintenance order pending substantive appeal.

Orders

  • Monthly maintenance set at respondent's proposed figure.
  • Mortgage payments and orthodontic costs to be paid from children's credit union accounts.