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Not paying maintenence ordered

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    #32
    egan2020
    Registered Users Posts: 567 ✭✭✭egan2020


    In the case of the mother re-marrying, maintenance would only be reduced if part of the maintenance payment was in respect of the mother. The child's share should not be affected regardless of the earnings of the new husband.


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    #33
    James Jones
    Registered Users Posts: 534 ✭✭✭James Jones


    Funky G wrote: »
    afaik your new husband now has rights over your child
    No he doesn't!

    Funky G wrote: »
    i DO know what i am talking about. and my reasons are that i have been through the courts system for a few years now, and everytime i go into court to i learn more and more about the system.
    The "System" doesn't grant rights. Rights are governed by legislation so if you want to back up what you are saying, you will need to quote the legislation and not just say you've been through the system.



    Funky G wrote: »
    I've asked all these questions before and i got these answers from my own solicitor and from a family support group with over 20 years experience in child matters.

    PM me for the support group if you need it.
    I think you could let us know the name of this support group as they need to be challenged if they are giving out such fundamentally flawed advice. I hope they don't charge?


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    #34
    Sleepy
    Registered Users Posts: 24,249 ✭✭✭✭Sleepy


    egan2020 wrote: »
    In the case of the mother re-marrying, maintenance would only be reduced if part of the maintenance payment was in respect of the mother. The child's share should not be affected regardless of the earnings of the new husband.
    Really? Even though the cost of providing for the child reduces as the mother's share of the rent, heating, bills etc. reduces and therefore she's comparatively better able to provide for the child than she was at the time the maintenance agreement was agreed?

    (or the father's in the case where he's the primary care-giver)


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    #35
    silly
    Registered Users Posts: 1,722 ✭✭✭silly


    Sleepy wrote: »
    egan2020 wrote: »
    In the case of the mother re-marrying, maintenance would only be reduced if part of the maintenance payment was in respect of the mother. The child's share should not be affected regardless of the earnings of the new husband.
    Really? Even though the cost of providing for the child reduces as the mother's share of the rent, heating, bills etc. reduces and therefore she's comparatively better able to provide for the child than she was at the time the maintenance agreement was agreed?

    (or the father's in the case where he's the primary care-giver)
    What if the mother is worse off now?
    Since I moved in with my partner I lost €120 pw of one parent family allowance.
    And I now have a mortgage to pay.
    I spend more on petrol as I have to drive further to child minder etc.


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    #36
    campo
    Registered Users Posts: 3,364 ✭✭✭campo


    silly wrote: »
    What if the mother is worse off now?
    Since I moved in with my partner I lost €120 pw of one parent family allowance.
    And I now have a mortgage to pay.
    I spend more on petrol as I have to drive further to child minder etc.


    It does not matter what the mothers sitution is if she wins the euro millions then the same maintence would be due to the kids and if she lost all her money gambling on euro millions same thing the maintence would be same for the kids.

    Its called child maintence for a reason...your maintaing the child not the mother that is spouses maintence ( which if she remarries then you would not have to pay this )


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    #37
    Sleepy
    Registered Users Posts: 24,249 ✭✭✭✭Sleepy


    Why the statements of means in court if not to determine the ability of each parent to maintain the child and an equitable share of the cost of the child's maintenance then?

    With circumstances of parents changing, surely what's equitable now would be different than what it was at the time of the original arrangement.

    It just seems odd to me that a non-custodial parent could win the euro-millions and not be obliged to provide more for their child?


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