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Child maintenance

  • 10-08-2017 8:20am
    #1
    Registered Users Posts: 1


    Hi, I am separated from my partner and I'm currently paying €50 per week for my child. I have him two nights and week and visit him 2-3 times a week at his home. My ex is now looking for €80 per week for him, but we both make the same amount per year €32000.
    Have I a leg to stand on or am I abliged to pay the €80? Any help would be great on this matter. Thank you,
    Michael.


Comments

  • Registered Users Posts: 23 musefan123


    Michaelh91 wrote: »
    Hi, I am separated from my partner and I'm currently paying €50 per week for my child. I have him two nights and week and visit him 2-3 times a week at his home. My ex is now looking for €80 per week for him, but we both make the same amount per year €32000.
    Have I a leg to stand on or am I abliged to pay the €80? Any help would be great on this matter. Thank you,
    Michael.
    This is a question that only a judge can answer, based on both your earnings, and who is paying what bills. My first reaction is that €50 seems quite low, while €80 seems more reasonable. But my opinion is completely irrelevant.

    As for "having a leg to stand on" I'm reading your situation as both of you not having a formal agreement in place. So until an official agreement from the court is in place maintenence payments are something you both need to agree on yourselves.


  • Closed Accounts Posts: 6,196 ✭✭✭boardsuser1


    The most that can be awarded weekly in the district court if a maintenance order was secured against you is 150 euro per week.

    In the circuit court the amount is unlimited.

    Is the stated income after tax?

    If so i could see a judge awarding 100 a week in my honest but unqualified opinion. I am going through the court myself.

    When i only had one child on the dole i was paying 40 a week.

    A solicitor is what you need OP.


  • Registered Users, Registered Users 2 Posts: 1,460 ✭✭✭Evd-Burner


    €50 is reasonable depending on a few factors and €80 may be seen as on the high side. You have stated that both of you are on the same salary, but take into account that she will also get an additional tax credit if she is not cohabiting with another person (a partner) and that she is in receipt of the child benefit.

    She has the child 5 nights a week and you 2. You also have to provide accommodation during access which will also be taken into account. If you cancel out the days she will have the child 3 additional days more than you. During that time you should be responsible for 50% of the cost, accommodation, light, heat, travel, clothes etc.

    If the maintenance at €50 per week then you should also be paying 50% of medical, dental, extra curricular and any special events or any kind of out of the ordinary costs caused by the child such as damaging someone else's property. Also if childcare is required this will need to be something that must be split 50%.


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