… a kind of Legal Column

Archive for January 2nd, 2011

Maintenance money stops

with 2 comments

Q   I  AM separated four years from my husband and he has been paying me maintenance for myself and the three children since then until recently. He told me that he heard on good authority that another man had moved in with me and the children and that it was up to him to provide for us. This is untrue. I do have a boyfriend without whom I would be lost but he doesn’t reside with us. Does my husband have any grounds in refusing to pay me?

A   FIRST of all, if your husband is paying your maintenance as a result of a Court Order he is in breach of that Order by reducing your payments without first bringing you back to Court. In Court he would have to show that your boyfriend was contributing to your upkeep before the Court would reduce your maintenance. Maintenance is purely a matter of money. The Court in determining what sum of money should be paid by your husband to you for yourself and your children will look at both of your circumstances. All payments in and out will be noted and the Court will provide for proper maintenance to be paid to cover your household and other expenses providing for the proper care of your three children.

THE STAR.  Friday January 19, 1990

Written by LegalEagleStar

January 2, 2011 at 5:05 pm

Doctor wrong now can I sue?

leave a comment »

Q  OVER the past three years my seven year old daughter has been suffering from throat and ear infections. The doctors eventually decided to take out her tonsils which was a traumatic ordeal for her. About three weeks after the operation her prior symptoms returned as bad as ever. Obviously taking out her tonsils was not the answer to her problem. Would you advise me to pursue a medical negligence claim against the doctor for carrying out this procedure at great financial cost not to mention the pain and suffering to my daughter.

A  NO  I would not recommend that you pursue the Doctor treating your daughter for medical negligence. Children suffer from many diseases and your doctor is the competent expert to diagnose and treat her correctly. He would not have taken her tonsils out, especially nowadays, unless he decided it was essential and in the child’s best interest. You must rely on the professional expertise of your doctor. In the unlikely event that your doctor misdiagnosed your child’s condition and she suffered as a result of his negligence you may be entitled to sustain an action against him due to his professional negligence. The proofs necessary to sustain such an action are onerous but a good Personal Injury Solicitor would be able to help you should you be the victim of medical negligence.

THE STAR, Friday January 19, 1990

Written by LegalEagleStar

January 2, 2011 at 4:46 pm

This is a will that won’t do

leave a comment »

Q   I  AM  writing to you about a Will. The Estate is being handled by a firm of Solicitors in Cork.

She made a will when she was dying and left the house to my brother. He brought the Solicitor to the Hospital to make the Will. She had the money to pay for the funeral and the house was valued at £15,000

I have a copy of the Will and it states that my brother was the only one in the family. So that’s not right. She was dead a few months when £6,000 came out of her job. There was no Will for that money. It should be divided among her brother and sisters. What should I do?

A  YOU do not identify whether the deceased was your mother or your sister as you only refer to her as ‘she’.

In any event from the facts disclosed the Will is Null and Void regardless of what has occurred since. You state that the Will was made in a hospital.

Was she Compus Mentus (of sound mind) at the time? Is it possible that even if she was not, that her condition was so weakened by her impending death that your brother could be held to have exercised undue influence.

They (Cork Solicitors) could only act on the information given by your brother i.e. that he was the only member of the family and that you did not exist. On that count alone the ‘Will’  fails

THE  STAR , Friday January 19, 1990

Written by LegalEagleStar

January 2, 2011 at 2:59 am

Sick over His Affair

leave a comment »

Q   I  HAVE just discovered that my husband of sixteen years has been having an affair with one of the girls in his office. I am so hurt and sickened by the idea of him sleeping with another woman that I just want him out. Can I get him barred from the family home for his actions or would I be better making his life unbearable in the hope that he might leave?

A   You have certainly good reason to feel hurt and I would strongly recommend that you immediately seek counselling. The Counsellor will work with you in uncovering your true feelings, as whatever action you take at this stage will determine the course of the rest of your life. I wouldn’t feel that the facts as disclosed by you would necessarily entitle you to have your husband barred from the family home. Has there been a series of such encounters?  If so, is it having a serious detrimental effect on you and your children? If your husband is making life hell for you then you may have grounds for having him barred from the family home.

You need to seriously examine your feelings towards your husband, your marriage in general. If your husband gave up his girlfriend and made amends to you, would you be prepared to forgive and ‘forget’? You see, matrimonial law is very complex as you are dealing with people’s emotions. You need an experienced Counsellor as well as a Solicitor who is experienced in family law to deal with your problems.

The Star  Friday  January 19, 1990

Written by LegalEagleStar

January 2, 2011 at 2:40 am

%d bloggers like this: