Family - The Family Law Act 1995 - Interim maintenance - Compliance of disclosure - Dissipation of funds - Disposition of vehicle - S. 47 of the 1995 Act report

Facts: The respondent/wife sought an interim maintenance under s. 7 of the Family Law Act 1995 and also sought direction to the effect that the applicant/husband be directed to obey the order of the High Court regarding the access to the dependent children. The respondent, by a further notice of motion, sought a declaration that the sum of alleged expenditure be declared a reviewable disposition under s. 35 of the 1995 Act. The applicant, by a notice of motion, sought an order to the effect that the respondent be restrained from dissipating funds in the respondent’s account under s. 35 of the 1995 Act and sought for a fresh report under s. 47 of the 1995 Act.

Held: Ms. Justice Bronagh O’Hanlon directed both the parties not to dissipate any assets held by the parties in any of the parties’ accounts except with the permission of the Court pending trial and therefore, adjourned the motions regarding the same to the hearing of the action. The Court further reserved costs and refused stay. The Court found that both the applicant and the respondent had not complied fully and properly with the direction of disclosure. The Court held that the applicant was bound to pay the monthly payment, interim maintenance.The Court held that the applicant could dispose of the applicant’s vehicle under the supervision of the Court to constitute a fund pending trial to be controlled by the respondent out of which the respondent could deduct maintenance payment per month pending the trial. The Court held that it would leave over the issue of the s. 47 report concerning the transfer of children, pending hearing from the assessor.

K (N) v K (S)

29/7/2016 No. 2014/54 M [2016] IEHC 572