How much child maintenance should I be paying?

Curious one

I pay €100 to my ex for the maintenance of my 3 children. I recently recieved a letter ordering me to pay an extra €180 on top of this to department of Social Welfare. I earn roughly €450 a week. This seems like a lot to me. More than I can really afford!! Opinions Please??

wmpdd3

Is it €280 per week or €280 per month you will have to pay? I would have thought €150 per week is average for 3 kids under 10 years old.

I presume you have been contacted by the Maintenance Recovery Unit of the Dept of Social Protection, because your ex partner has claimed a Social Welfare payment.

The purpose of the MRU is to make attempts to recover the cost of that payment (usually OPFP) back from the "liable relative" (i.e. you). However, even if you did manage to pay more over to SW, it will NOT be transferred over to your ex for the support of your children, but will go straight back into the Exchequer. Whatever payment your ex is in receipt off, will not increase.

Is there a Maintenance Order in place?

If there is, write back to the MRU and tell them that there is a court ordered maintenance agreement in place, but that you cannot divulge the specific details, as that would contravene the "in camera" rule.

If there is no court order in place, write back and state clearly that you are already contributing the maximum maintenance you can afford - €100 per week - directly to your ex, for the purpose of maintaining your children.

Your ex is obliged to declare any maintenance she receives from you to the D/SP - so if she hasn't its on her to explain to them why not.

Just to note, if or when you can afford to increase maintenance a little bit - do so directly to your ex, let her declare it to D/SP, and be means tested on it. It would be much more advantagious to your children, as at least that way, they would actually get the benefit of the extra bit.

** Edited to add : presumed it was €100 per week?

Curious one

Thanks for the replies

wmpdd3- Its €280 per week.

Loueze- Yes it was the MRU that contacted me. My ex does declare the €100 per week. There is no maintenance order. We just agreed on that amount. My ex recently applied for rent allowance so Im guessing that why MRU contacted me.

Does anyone know approx what percentage of my wage I should be left with. I cant see how Im meant to survive if I have to pay out $280 per week.

Have a read of this.

Liability to Maintain Family

They have to assess you before coming up with a figure - not just jump to a figure of €280* per week without assessing any of your incomings and outgoings to maintain yourself (rent, food etc). Your children's mother also shares the liability to maintain your children too, after all.

Don't agree to increasing anything unless you genuinely can afford to - and then only to what you can afford. Let them take you to court if they try to force you to pay more than you can reasonably afford.

Were you married to your children's mother? If not, its worth noting that you are only liable to contribute towards maintaining your children. In that scenario, it could be said that the most the D/SP should actually be seeking to recoup from you, is half of the Child Dependant Allowances paid .....

* €280 per week is actually €2.60 per week more then the OPFP rate for one adult + 3 children (excluding fuel allowance)

Curious one

Thanks loueze for taking the time out to help.

mrsbyrne

Curious one wrote: »

I pay €100 to my ex for the maintenance of my 3 children. I recently recieved a letter ordering me to pay an extra €180 on top of this to department of Social Welfare. I earn roughly €450 a week. This seems like a lot to me. More than I can really afford!! Opinions Please??

Are you absolutely sure that it is not euro180 they are asking for? this would appear more realistic to me, in my experience.
either that or you were summonsed to court for a maintenance review,and for whatever reason, you didn't receive the summons and this amount has been awarded against you in your absence.

Curious one

No I wasnt summoned to court. It came out the blue. Always paid her same amount & letter as for this amount as extra. Strange alright.

Sheldon Cooper

100 euro seems fairly reasonable considering your income, however your personal circumstances could affect the amount you are required to pay dramatically. ie, do you pay rent, live with your parents, travel to work, provide for the children when they are with you or have outstanding financial commitments??

I believe the 180 euro the DSW is looking for is a standard rate that they will automatically seek to pay towards any benefits your ex is receiving. I assume your ex is claiming single parents allowance, and additionally because you do not have any court maintenance agreement and they are probably not aware that you are paying your ex anything.

Without knowing a bit more about your personal outgoings and the situation regarding your ex, if she is living alone or with someone else, or if you were married or cohabiting, or if your current agreement is amicable or not it is simply impossible to offer best advice, however, I would advised that you apply for a court maintenance order, either agreed by yourself and your ex and sanctioned by a judge, or simply assessed by the judge alone if you are having problems agreeing.

I would also advise that you make yourself aware of exactly where you stand. Personally I have a deep mistrust of the legal profession when it comes to this subject. I was lucky to eventually find a solicitor who was not morally bankrupt but I encountered a few who were only too happy to use my kids to try and extort money out of me and they inflicted almost fatal damage in the process. The USFI http://www.usfi.ie/relaunch.html are a good resource that you may find helpful to inform you of where you stand.

I don't want to scare you but I would seriously advise that you and your ex agree as much as possible between yourselves as your situation could get messy and expensive if solicitors get over involved or take control.

Best of luck.

James Jones

Deleted User wrote: »

Is there a Maintenance Order in place?
If there is, write back to the MRU and tell them that there is a court ordered maintenance agreement in place, but that you cannot divulge the specific details, as that would contravene the "in camera" rule.

This is not actually correct (not like you, Lou!). According to Section 4.(1) of S.I. No. 338 of 2005

A copy of such part only of an order or extract from an order as is
necessary to enable the prescribed person concerned to perform his or her functions
may be supplied to him or her

The list of prescribed persons includes

16. The Minister for Social and Family Affairs when performing functions under
the Social Welfare Acts

Thanks Jim, good to know!

Actually, that works out even better.... someone in this situation could then just forward a copy of Maintenence Order onto MRU.

Curious one

I received letter again telling me to pay €243 a week including the €100 I already pay. This is actually after assessing my pay slips. This is ridiculous amount. I actually dont know anyone else who is paying this kind of money. I had no problem increasing it until it went to this extremes. They didnt even take into my car costs into account. I have over 20 miles to go to work. Plus over 40 miles to go to see my kids. They didnt even take this into account. Had to spend over €240 on car today for service & breaks. I know I'm straying of topic. I outlined the costs to them but they have no interest in car costs. But I thought when it needed for getting to work they would understand. My options now seem either leave country or get fired from work. Then I pay nothing like all the other wasters. Only thing is I wouldnt like the kids to think I'm bad dad. Would I be better just going to court getting a final decision?? Make it legally binding?? No one seems to be able to tell me what percentage of wage I should pay but a Local councillor I have to meet next Monday has told me go to solicitor & go through the court. How expensive is this? Would it be right road?

wmpdd3

Anyone I know who went through court was awarded €50 per child under 10, per week. Their weekly earnings would have been more. That person never paid anyway. Sorry I cant be of more help.

The only thing I can think of is that the SW think you have way more income than you have. You do realise you assets are taking into account. eg if you have a €100,000 plot of land, that increases your means per week to far more than €450 per week.

Curious one

No thanks anyway wmpdd3, I wish I had €100,000 plot of land! If I knew it was €50 a child I would have probably paid it without fight but it is ridiculous amount they are asking for. Really is.

mrsbyrne

If you were married to your ex you also have to pay her maintenace. I think you should ring FLAC and see if they can advise you.
Information & Referral Line: 1890 350 250

Curious one

mrsbyrne wrote: »

If you were married to your ex you also have to pay her maintenace. I think you should ring FLAC and see if they can advise you.
Information & Referral Line: 1890 350 250

Sorry abput this now Mrs Byrne but what is FLAC?

mrsbyrne

its the free legal advice helpline. Almost qualified solicitors man the phones gaining experience giving out, well, free legal advice. Alternatively most Citizens Information Centers have a free legal advice night now, usually one night a month but sometimes every week.
http://findaddress.citizensinformation.ie/service_finder/query.py?category=Citizens+Information+Centres&county=*&town=*&submit=FIND+ADDRESSES
you get a free confidential, normally first come first served consultation with a local solicitor

Curious one

Go raibh maith agat