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High Court refuses an appeal of Circuit Court’s ancillary orders, including in respect of maintenance, made in the course of divorce proceedings, on the grounds that proper provision means maintaining the maintenance burden on a father in a family where the child has autism.
Appeal of orders made in the Circuit Family Court - parties had been married for just over twelve years - two dependent children – husband argued that his financial position was too burdensome - interest rate increases on a number of his property loans – acrimonious relationship - one child has Autism Spectrum Disorder – high level of home care needs – ancillary orders made in the Circuit Court – maintenance €100 per week indefinitely – maintenance to the children of €120 per week for each child - sale of family home in 2031 – payment of 100% of proceeds to the wife – husband ordered to pay mortgage until then – wife has right of residence until sale – other orders made including under the Domestic Violence Act 2018 – High Court considered case – High Court remarked on controlling and abusive behaviour of the husband – noted that he was divorced from the reality of the child’s care needs – High Court affirmed some orders of the Circuit Family Court – granted divorce – affirmed orders regarding custody – ancillary orders - maintenance to the wife of €100 per week indefinitely – maintenance to the children of €120 per week for each child – 50% of college fees of older child – maintenance for younger child until he is eligible for disability allowance or its equivalent under statute – family home for sale in 2031 with proceeds to the wife – pending sale, husband pays the mortgage – wife can live in the family home without husband – husband can deal with his remaining properties however he wants – High Court provisionally of the view that there should be no order as to costs.
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