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Maintenance Payments (How much)

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  • 05-11-2007 12:37pm
    #1
    Registered Users Posts: 16,288 ✭✭✭✭


    I'm curious,

    How much should a father be expected to pay per child per week?

    An example a single child between 5 and 12, if we assume the father is on industrial wage and the child is in primary school.


«1

Comments

  • Registered Users Posts: 81,220 ✭✭✭✭biko


    From Google

    http://www.traceysolicitors.ie/family-faq.html
    The District Court can only award up to €500.00 per week to a spouse and €150.00 per child per week. If a spouse wants to get more than these amounts they must apply to the Circuit Court. Maintenance payments can be paid on a fixed regular basis payments or in a lump sum. The maximum lump sum maintenance payment at District Court level is €6,348.69.


  • Closed Accounts Posts: 1,811 ✭✭✭*Page*


    For unmarried parents the payment is a minimum of €100 a week.


  • Closed Accounts Posts: 43,045 ✭✭✭✭Nevyn


    Court awarded Maintenance Payments depend on a range of things the court considers the income and assests of the parents.


  • Registered Users Posts: 16,288 ✭✭✭✭ntlbell


    *Page* wrote: »
    For unmarried parents the payment is a minimum of €100 a week.

    That wouldn;t make much sense, what if the father was unemployed?

    Paying 100e out of a 180e would seem a lot.


  • Closed Accounts Posts: 43,045 ✭✭✭✭Nevyn


    If a parent is court ordered to pay a certain amount and their financial circumstances change they have to apply for a review.


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  • Closed Accounts Posts: 1,811 ✭✭✭*Page*


    I'm just stating that as a minimum for someone who is employed like the op said.

    I just went through court myself, i'm an unmarried parent (no maintence for me just the child unlike with married cases) my daughters father works so the minimum the court can make him pay is €100, so stated the judge.


  • Closed Accounts Posts: 1,811 ✭✭✭*Page*


    ntlbell wrote: »
    if the father was unemployed?

    I dont know what the payment is then probably nothing.


  • Closed Accounts Posts: 43,045 ✭✭✭✭Nevyn


    *Page* wrote: »
    I dont know what the payment is then probably nothing.


    There would still be a payment and in those cases it can be deducted directly from the welfare payment.

    Threatening to give up work and go on the dole is something some men to to put the mother's of their children of from going to court for a maintenance order, and even I have had this threat levelled at me along with the other so popular one of the father leaving the country.


  • Closed Accounts Posts: 726 ✭✭✭abi2007


    *Page* wrote: »
    For unmarried parents the payment is a minimum of €100 a week.


    This isn't true as there is no minimum only a maximum of 150


  • Registered Users Posts: 381 ✭✭Kildrought


    There is an excellent spreadsheet on www.solo.ie on calculating child maintenance.


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  • Closed Accounts Posts: 1,811 ✭✭✭*Page*


    abi2007 wrote: »
    This isn't true as there is no minimum only a maximum of 150

    i'm just stating what the judge told me.


  • Registered Users Posts: 381 ✭✭Kildrought


    i'm just stating what the judge told me.
    Then they were either giving their judgement in a particular case or you mis-heard/understood.


  • Closed Accounts Posts: 1,811 ✭✭✭*Page*


    http://www.courts.ie/Courts.ie/library3.nsf/(WebFiles)/3A55D5FEB1C1E2B7802572840055819F/$FILE/Maintenance%20procedures in the District Court - Feb 2006.pdf

    found this on courts.ie

    Kildrought, i never said it was 100% but it was what a judge told me.

    I had been told this by other solicitors also, but only took it on board when a judge stated it.


  • Registered Users Posts: 381 ✭✭Kildrought


    Useful link, thanks for that.

    But as you will note there is no reference to a minimum payment.


  • Closed Accounts Posts: 1,811 ✭✭✭*Page*


    i did yes... i also had a very long comment at the end of my post but removed it.


    All i sadi was what i was told by solicitors and a judge.

    If you have a problem with what they said take it up with them.


  • Closed Accounts Posts: 726 ✭✭✭abi2007


    it's still misleading info as there is no min. I know people that have been ordered to pay less. when i was in court with my x he offered to pay 80 euro a week and the judge tought that sounded fair.


  • Closed Accounts Posts: 994 ✭✭✭Carrigart Exile


    spousal maintenance, unbelievable.

    In the UK its 15% of take home pay for 1 child, 20% if there are two children and a maximum of 25% if there are three or more children.


  • Registered Users Posts: 381 ✭✭Kildrought


    spousal maintenance, unbelievable.
    What's unbelievable about it? It's required to be paid if so ordered? I don't understand your post
    In the UK its 15% of take home pay for 1 child, 20% if there are two children and a maximum of 25% if there are three or more children.
    UK is quite different from here in terms of costs and structure so not a straightforward comparison; though I would agree that a fixed percentage deducted at source just like tax/prsi would make far more sense than what we have in place at present.


  • Closed Accounts Posts: 1,811 ✭✭✭*Page*


    abi2007 wrote: »
    it's still misleading info as there is no min. I know people that have been ordered to pay less. when i was in court with my x he offered to pay 80 euro a week and the judge tought that sounded fair.



    Well then i was misled thank you for informing me on this!

    I never ment to mis lead anyone, I tried to be helpful and give information i was thought to be true... but as i've been informed i was mislead by a judge and two solicitors at least...:rolleyes:


  • Closed Accounts Posts: 1,811 ✭✭✭*Page*


    Kildrought wrote: »
    though I would agree that a fixed percentage deducted at source just like tax/prsi would make far more sense than what we have in place at present.



    I agree currently i am getting about 7% of my daughters fathers take home pay,
    My sister is in england and was married her husband left her and the english gov gave her a third of his wage. he never even see's it as it is taken from source


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  • Closed Accounts Posts: 994 ✭✭✭Carrigart Exile


    Kildrought wrote: »
    What's unbelievable about it? It's required to be paid if so ordered? I don't understand your post

    One adult parasiting off another; get off yer backside and get a job. Just because you were once marreid doesn't give you a meal ticket for life


  • Registered Users Posts: 381 ✭✭Kildrought


    So a married couple choose that one partner should stop work to raise children (or care for an elderly parent) and they are 'parasites'?

    If raising children was a priority for them when married - why would that priority change?

    If your spouse became ill and was unable to work you'd expect to support them...you wouldn't abandon them...again why would that change?

    There are many good reasons for spousal maintenance and they are perfectly 'believable'.


  • Closed Accounts Posts: 43,045 ✭✭✭✭Nevyn


    Carrigart Exile if you refer to stay at home parents again as 'Adult Parasites' you will be banned from this forum.
    This forum as a rule about civil discourse in the charter I suggest you heed it.


  • Closed Accounts Posts: 994 ✭✭✭Carrigart Exile


    Kildrought wrote: »
    So a married couple choose that one partner should stop work to raise children (or care for an elderly parent) and they are 'parasites'?

    If raising children was a priority for them when married - why would that priority change?

    If your spouse became ill and was unable to work you'd expect to support them...you wouldn't abandon them...again why would that change?

    There are many good reasons for spousal maintenance and they are perfectly 'believable'.

    I completely disagree. It was both adults choice that one of them chose to take time off work, if the marraige disolves why should one adult be expected to keep another. Invariably the parent who gets the child gets many advantages from the divorce (including having their child every day) yet the parent who has probably lost their home, is paying maintenance for their child and no doubt trying to repay the fair chunk of their pension the lost to the divorce is also expected to keep an adult. This is the 21st century.


  • Registered Users Posts: 4,392 ✭✭✭TequilaMockingBird


    You entered into a contract - Marriage.

    If one of you chooses to give up work, to care for your children/family, and as a result, looses their position in their career, then yes, of course you should pay spousal maintenance.

    This is, after all, the 21st century...


  • Closed Accounts Posts: 994 ✭✭✭Carrigart Exile


    sueme wrote: »
    You entered into a contract - Marriage.

    If one of you chooses to give up work, to care for your children/family, and as a result, looses their position in their career, then yes, of course you should pay spousal maintenance.

    This is, after all, the 21st century...

    so the contract also spells out what you can expect emotionally from that relationship. Thought not, so its simply a case of one parent paying up.

    It is indeed the 21st century when opportunities exist for all


  • Registered Users Posts: 1,674 ✭✭✭Deliverance


    Personnaly I feel that money should not be an issue when it comes to my child. Regardless of being seperated I look at my child as being an individual with a need, in this day and age in ireland with plenty of money about I think that finance is not an issue for me because whatever my child needs motivates me to provide for her every need based on what I feel is her needs and my motivation in this sense drives me to give her what she needs based on this (education, toys, warmth etc).

    I find it cold that people have to resort to minimum amounts based on courts decisions. I will give my girl whatever she needs for a start, after that I will consider what she wants and try to address it as such in a financial way by getting or giving up more pay. To try to get minimum payments from a court is just tight in my view. Get a life and provide for your responsibilities it isn't that hard to do really.


  • Closed Accounts Posts: 1,811 ✭✭✭*Page*


    That's very true deliverance, it shouldnt be about money, but sometimes the only way to get what your child needs is from the absent parent to give the bare minimum.


  • Closed Accounts Posts: 19,777 ✭✭✭✭The Corinthian


    Under Irish law, both parents have a responsibility to financially support the child. If never married, however, the non-custodial parent does not have any responsibility to maintain the custodial parent.

    Additionally, regardless of married or not, the non-custodial parent does not have any responsibility to pay the custodial parent for his/her time spent caring for the child. If the custodial parent cannot work, then maintnance will be based upon his/her income - not whether he/she is putting in the hours with the child.

    There is no minimum or maximum level of maintenance. The limits are simply with regard to which court needs to be used for each level of maintnance.

    There's no formula for maintnance. For example, if both parents have the same income and circumstances then the expenses for the child would be calculated and split 50-50. If the non-custodial parent has a very high income, then they may be directed to pay more so that the child benefits beyond the bare minimum.

    As for levels, many solicitors will tell you that a non-custodial parent on €60k and custodial parent on SW, would likely result in something like €100 p.w. Of course, there are so many other factors to take into account (not least of all the judge on the day) that the same scenario could see anything between €50 (or less) and €150 (or more). Roll the dice.


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  • Registered Users Posts: 35 gizmobilly


    Thaedydal wrote: »
    Court awarded Maintenance Payments depend on a range of things the court considers the income and assests of the parents.
    the cort ordered my partner to pay 50 euro and he is not emlpoyed.it wasnt means tested.judge wasnt intersested that we have 3 children ourselves.we now have 140 to live on a week


This discussion has been closed.
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