N.K. -v- S.K. [2016] IEHC 572 (29 July 2016)
Interim maintenance is warranted due to respondent's financial dependency and applicant's failure to pay maintenance for several months; €3,700 per month plus €600 rent and €700 for children is appropriate pending trial. Asset dissipation is restrained, and sale of applicant's vehicle may fund maintenance subject to court supervision.
- Citation
- [2016] IEHC 572
- Parties
- Applicant: N. K.; Respondent: S. K.
- Jurisdiction
- Ireland
- Judgment Date
- 29 July 2016
- Procedural Posture
- Judicial Separation and Ancillary Motions / Interim Application Pending Trial
- Outcome
- Interim maintenance granted; asset dissipation restrained; motions adjourned pending trial.
- Legal Topics
- Interim Maintenance, Asset Dissipation, Access to Children, Disclosure of Means
Case Brief
Summary, issues, holding and outcome
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Parties
N. K.
Applicant
S. K.
Respondent
Procedural Posture
Judicial Separation and Ancillary Motions / Interim Application Pending Trial
Legal Issues
- 1 Interim maintenance entitlement and quantum
- 2 Asset dissipation and freezing orders
- 3 Compliance with access orders
Ratio Decidendi
Interim maintenance is warranted due to respondent's financial dependency and applicant's failure to pay maintenance for several months; €3,700 per month plus €600 rent and €700 for children is appropriate pending trial. Asset dissipation is restrained, and sale of applicant's vehicle may fund maintenance subject to court supervision.
Court Disposition
Interim maintenance granted; asset dissipation restrained; motions adjourned pending trial.
Orders
- Applicant to pay respondent €25,900 forthwith for seven months arrears.
- Applicant to pay €3,700 per month interim maintenance plus €600 rent for August 2016.
Full Case Text
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