applying for maintenance order

ooter

Would it be unusual for a father to apply for a maintenance order to determine how much he should pay for his child(ren) rather than paying cash every week to the mother?
Needless to say the mother doesn't want to go anywhere near the courts and is more than happy with the current arrangement as it has no effect on her opf payment..

seamus

No, I don't think it would be that unusual. At the very least it provides all parties with some protection because the amounts are set out by the court and not up for dispute on a week-to-week basis.

With a maintenance order, the option is still there to pay the cash directly to the caring parent, but arguably paying the money to the court additionally provides protection to both parents because all payments are recorded.

It may be the case that he has been advised by a solicitor or family member to go this route for his own protection.

ooter

Thanks for the reply Seamus.
It's a friend of mine who's in the position,he pays the mother of his 2 children €250 per week but she is pressuring him to pay more.
I told him the maximum a district court will award the mother is €300 so he is a bit wary of going for a maintenance order but I think he should.he earns less than €600 a week after tax so surely no judge is going to order him to pay over half his weekly wage?

seamus

It depends on his and her financial circumstances. If he's living in his parents house rent-free, then there's no reason why a judge wouldn't take half his weekly wage from him.

If he has a €1500/month mortgage, then the judge is hardly going to leave him with €300 a month to cover his outgoings.

Chances are if €300 would absolutely kill him, then the judge will simply enforce the €250 payment, since he's shown himself capable of paying that. But he should have a quick chat with a solicitor to see what they think.

ooter

seamus wrote: »

It depends on his and her financial circumstances. If he's living in his parents house rent-free, then there's no reason why a judge wouldn't take half his weekly wage from him.

If he has a €1500/month mortgage, then the judge is hardly going to leave him with €300 a month to cover his outgoings.

Chances are if €300 would absolutely kill him, then the judge will simply enforce the €250 payment, since he's shown himself capable of paying that. But he should have a quick chat with a solicitor to see what they think.

As it goes he is living in his parents' house but not rent free,he contributes to rent/bills etc.
he has a house of his own but he was forced to rent it out cos he couldn't keep up the mortgage repayments and as far as I know the rent he gets doesn't fully cover the mortgage so he has to top that up.
I think he should take the gamble,I can't see the judge ordering him to pay €300 but if he/she did he would pay it.also there is no record of him paying €250 a week so the judge would not be able to take that in to account,it would be as if he is starting from scratch.The order would kill his ex partner in my opinion cos it would mean she will end up with less money cos her opf payment would be hit and she wouldn't be able to pressure him in to paying more money any more.she also wouldn't be able to say anything to the judge about previously getting €250 a week,I'm sure social welfare would be interested in that revelation..

The Corinthian

seamus wrote: »

If he's living in his parents house rent-free, then there's no reason why a judge wouldn't take half his weekly wage from him.

The level of the court would be a reason - at a District Court level, a judge can only award a maximum of €150 p.w. in child maintenance. So naturally if his weekly salary is more than double this, then a judge would not be able to take half his weekly wage from him.

January

Your friend needs to speak with a solicitor. Legal advice can not be given here.