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maintenance and welfare query

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  • 05-12-2011 7:17pm
    #1
    chirogirl
    Registered Users Posts: 227 ✭✭


    Hi,

    I've applied for a maintenance order for the Father of my baby. I've been given the date and he has been sent the summons. If my ex (babys dad) is on welfare, is he still obliged to pay anything?


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    #2
    Morag
    Registered Users Posts: 8,427 ✭✭✭Morag


    Yes he can still be ordered to pay some token maintenance even with being only in receipt of welfare payments, it depends on the details and the judge.


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    #3
    Kildrought
    Registered Users Posts: 381 ✭✭Kildrought


    With a court order he can claim for his child as part of his social welfare payment.


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    #4
    chirogirl
    Registered Users Posts: 227 ✭✭chirogirl


    thanks kildrought, I actually had thought about it from his angle.


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    #5
    Davidian_ie
    Registered Users Posts: 312 ✭✭Davidian_ie


    Can you explain how that works? I'm unemployed and in college but was ordered to pay e100 out of income of e188. With e40 travel costs to collect my son and costs of going to college this seems exorbitantly high.


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    #6
    Morag
    Registered Users Posts: 8,427 ✭✭✭Morag


    Then go back and appeal it, you apply for a variance order.


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    #7
    gcgirl
    Closed Accounts Posts: 4,044 ✭✭✭gcgirl


    Kildrought wrote: »
    With a court order he can claim for his child as part of his social welfare payment.
    No he can't not unless he has the child for more than 4 days a week


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    #8
    gcgirl
    Closed Accounts Posts: 4,044 ✭✭✭gcgirl


    Davidian_ie wrote: »
    Can you explain how that works? I'm unemployed and in college but was ordered to pay e100 out of income of e188. With e40 travel costs to collect my son and costs of going to college this seems exorbitantly high.
    Do you agree this prior to actually meeting in the courtroom, €25 was the about some for 1 child If your on the dole, once you have the out goings and expensives to prove it


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    #9
    Davidian_ie
    Registered Users Posts: 312 ✭✭Davidian_ie


    Quote:
    Originally Posted by Davidian_ie
    Can you explain how that works? I'm unemployed and in college but was ordered to pay e100 out of income of e188. With e40 travel costs to collect my son and costs of going to college this seems exorbitantly high.
    Do you agree this prior to actually meeting in the courtroom, €25 was the about some for 1 child If your on the dole, once you have the out goings and expensives to prove it

    I had no solicitor and walked in raw into courtroom.Thought I would get a just decision from the Judge if I was open and honest regarding my circumstances but 100 euros was quite a shock to the system.Not looking for short cuts or to be mean but this was a bit on the excessive side regarding my circumstances.


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    #10
    Kildrought
    Registered Users Posts: 381 ✭✭Kildrought


    Details on SW payments and definitions of 'qualified child'

    http://www.welfare.ie/EN/OperationalGuidelines/Pages/depsqc.aspx


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    #11
    The Corinthian
    Closed Accounts Posts: 19,777 ✭✭✭✭The Corinthian


    Davidian_ie wrote: »
    I had no solicitor and walked in raw into courtroom.Thought I would get a just decision from the Judge if I was open and honest regarding my circumstances but 100 euros was quite a shock to the system.Not looking for short cuts or to be mean but this was a bit on the excessive side regarding my circumstances.
    There are various possible reasons for this. A judge, first of all, has to decide amounts based upon the income and expenditure of both parents. If you didn't bring proof of either, then it becomes a question of whether the judge believes you or not.

    Even with proof, some judges may still not believe you, and there is some good reason for this in that some will literally quit their jobs and go on the dole as a ploy to pay less. In such cases, judges will seek to 'force' the father to get a job by awarding unrealistic levels.

    I would apply for a motion of variance if I were you, but do pay the 100 Euros per week until then. To facilitate the latter, get a loan or overdraft from the bank so that you further demonstrate that you are paying beyond your means and include a repayment schedule as part of your costs when you reapply.


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