guardianship / maintenance

D-FENS

Hi

I have a couple of questions regarding guardianship / maintenance payments for a father who is not married to the mother of his child

If guardianship / rights for the child to stay with the father ever weekend/2nd weekend have been agreed on in court, is it always to case that the father must collect the child?
(either from the mother’s house or a “neutral” venue that is usually closer/convenient for the mother) - I have a family member who got a court order granting access, but it just states that the place of collection be “agreed” between both parents. He is travelling across nearly two counties each week to collect the child. Would the court ever grant a place of rough equal distance for both parents?

And second, does anyone know the maximum maintenance per week a father can pay? Is there a scale used as per Father’s earnings? Are other children / mortgage etc. taken into account?
And can maintenance be paid through the courts monthly rather than weekly?

Thanks

silly

Has the father asked the mother to meet him half way?

That's what I have to do. Not by choice really, ex refuses to bring my daughter back unless I meet him half way (most of the time I end up doing the whole journey)
Not that i'm suggesting that the father refuse to return the child, but maybe having a discussion with the mother might help.

campo

Regarding pick up and drop off I dont know but regards the payments the courts go by what his incoming are versus his outgoings and a figure is then settled on

The Corinthian

D-FENS wrote: »

If guardianship / rights for the child to stay with the father ever weekend/2nd weekend have been agreed on in court, is it always to case that the father must collect the child?
(either from the mother’s house or a “neutral” venue that is usually closer/convenient for the mother) - I have a family member who got a court order granting access, but it just states that the place of collection be “agreed” between both parents. He is travelling across nearly two counties each week to collect the child. Would the court ever grant a place of rough equal distance for both parents?

Firstly this is an access issue and guardianship is completely seperate. If the court order states that the collection/return location must be 'agreed' then he will have to agree this with the mother, otherwise I think it defaults to the primary residence of the child. If he cannot find an agreement with the mother, he can return to a court so that it can impose a location.

And second, does anyone know the maximum maintenance per week a father can pay? Is there a scale used as per Father’s earnings? Are other children / mortgage etc. taken into account?
And can maintenance be paid through the courts monthly rather than weekly?

There is no maximum per say. However, there are maximum's at each court level; the district court can award any amount up to €150 per child, per week, and higher maximum limits may be awarded in higher courts. Realistically though, the vast majority of cases are decided at the district court level.

There is no scale; it is entirely at the discretion of the judge. As such you can have two people with exactly the same financial circumstances being ordered to pay vastly different sums.

The father's overheads, debts and other dependants are naturally considered as part of the level of payment. Also the father is entitled to a certain level of quality of life.

Finally, the mother's income, overheads, debts and other dependants are also considered. In theory maintenance is paid by both parents equally. This means that if either's economic circumstances are much worse than the other, the 'wealthier' will pay a greater share.

Kildrought

per se (Latin)

James Jones

D-FENS wrote: »

If guardianship / rights for the child to stay with the father ever weekend/2nd weekend have been agreed on in court, is it always to case that the father must collect the child?

Guardianship is completely separate from access. A married but separated father may not see his children at all whereas an unmarried father who is not a guardian may have his children on a 50/50 basis. So be aware that Guardianship and access are two completely different concepts.

D-FENS wrote: »

I have a family member who got a court order granting access, but it just states that the place of collection be “agreed” between both parents. He is travelling across nearly two counties each week to collect the child. Would the court ever grant a place of rough equal distance for both parents?

If the couple agree then they would not need to go to Court and allow the Judge take a cop-out position like this. The Judge should have made an order on the arrangements. Because this did not happen, the parent who was granted the access must collect the child but if they do not return the child, they will be in breach of the Court Order!

D-FENS wrote: »

does anyone know the maximum maintenance per week a father can pay? Is there a scale used as per Father’s earnings? Are other children / mortgage etc. taken into account?

There is no maximum but the Court generally treat the 1st child as being more important. Unfortunately there is no pay scale so two fathers in the exact same circumstances can end up paying different amounts of maintenance, depending on the Judge.

D-FENS wrote: »

can maintenance be paid through the courts monthly rather than weekly?

Yes but if the Order says weekly, then you have to pay weekly until you have the Order varied by the court.

The Corinthian

James Jones wrote: »

There is no maximum but the Court generally treat the 1st child as being more important.

I don't know if it is a question of the first child being 'more important' per se (thank you Kildrought), as the costs associated with each additional child being assumed to decrease.

Yes but if the Order says weekly, then you have to pay weekly until you have the Order varied by the court.

Sort of. Even if the order demands for weekly payments, the payee may do so in advance, thus effectively allowing for monthly (or 4-weekly) payments.