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maintenance issue

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  • 30-08-2010 5:25pm
    #1
    Registered Users Posts: 166,026 ✭✭✭✭


    im just wondering what should maintenance should cover?

    im currently unemployed but 4 weeks into trying to get a business started up. i pay a monthly maintenance (agreed thru court order) and have done the last 9 years including the last 2 years when i went back to college full time (never had a uni education when i was younger and felt i needed one to make a decent life for myself).

    anyway, at the moment costs from my ex seem to be going up while my own income is dropping down (thanks for that biffo). i'm literally at the stage where i cant afford to pay my electricity bill or rent. ive said this to my ex but her response is "everyone's money is tight".

    now i dont want to cause an issue because we've done the crap relationship thing and the last 3 years have been a vast improvement but i feel like its getting to a point where if she pushes anymore something will snap.

    so if anyone could help me out and explain what my court ordered maintenance covers and if im expected to contribute anymore than that it would be a help.

    and before anyone goes jumping down my throat about "you should be paying, its your child" i AM paying maintenance and when i was working i paid an awful lot more than was court ordered but my situation is a lot worse now and will be for the forseeable until work starts coming in.


Comments

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


    You can apply for a maintenance variance order, as your circumstances have changed and ask for a reduction.

    http://www.citizensinformation.ie/categories/birth-family-relationships/separation-and-divorce/maintenance_orders_and_agreements
    Varying the amount of maintenance

    It is advisable to update weekly maintenance payments annually. Where maintenance orders have been made through the courts, either parent can at a later date apply to the court to have the amount varied. (Varied means having the amount increased or decreased). In order to do this, you will require a 'Variation Order'.


  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    its not the agreed maintenance thats bothering me. i can just about cover that. its the extra costs - after school childcare etc.

    just looking to know what is covered by maintenance and what extra im expected to pay thanks.


  • Closed Accounts Posts: 265 ✭✭sophia25


    Look we all have to live within our means and that includes your ex. It is ridiculous to be left in a position where you can't live. As advised, you could apply for a variation order but also I think it is time to stop paying for the extras you can't afford. Legally speaking you are only responsible for whatever the Order states. They can sometimes include a lump sum amount for back to school costs and Christmas. Morally, it is always nice to provide for extras for your child when you can, but if you can't afford it you have to cut your cloth to your means.


  • Closed Accounts Posts: 9,376 ✭✭✭metrovelvet


    Technically and legally everything should come out of maintenance. However, if you do not contribute to extras such as back to school costs, your ex might find that maintennace isnt covering half of her costs and might seek to increase it via a variation order.

    If you are unemployed maybe you can do the afterschool pick ups and childcare. That would cut that cost out.

    You have my sympathies trying to get a business started up in a country that hates business.


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