Reducing Maintenance

James 1981

Hi, I am paying €150 p/w maintenence for my 8 and 11 year old. I earn €775 p/w after tax. My situation, and my exs situation, are changing and I was wondering if our new situation means I should be paying less.
My ex (who I was not married to) recently got married. She has a 1 year old with her husband. She does not work.
My partner and I are expecting our first child next March. We are also in in the process of buying a house, my share of the mortgage will be approx 750. I am currently paying 550 rent.
With all these changes, is the maintenance I'm paying (€150) still the correct amount?
Thanks,
James.

Moonbeam

Personally I think that is a very reasonable amount for 2 kids, it is only 75 euro pw each.
When you add up music lessons,dancing,football,food,clothes etc

Dravokivich

The correct amount is either whatever is agreed between ye, or signed off through the courts. Ideally it should be about what the pair of ye can provide the children ye had. ie, not expecting her Husband to take up any difference.

Have you tried approaching her about it to discuss how you ability to pay will change? Any contribution you provide has to be achievable.

Moonbeam wrote: »

Personally I think that is a very reasonable amount for 2 kids, it is only 75 euro pw each.
When you add up music lessons,dancing,football,food,clothes etc

I don't get why these come up so regularly in such a discussion. It's great for kids to have hobbies and interests, but if they can't be paid for, that's it really. It's not helpful expecting the parent paying maintenance to be responsible for whether or not it happens.

James 1981

Moonbeam wrote: »

Personally I think that is a very reasonable amount for 2 kids, it is only 75 euro pw each.
When you add up music lessons,dancing,football,food,clothes etc

Hi Moonbeam, the kids don't do music/dancing lessons etc. They do sports and I pay half the fees, I also buy plenty of clothes, split back to school cost, birthday costs etc. I'm more interested has anyone had experience of court rulings when there was a change in both parents personal/financial relationship. Thanks, James.

catrionanic

€75 per week per child, with the average cost of living these days, really isn't much. Bearing in mind the average cost of housing, bills, food and drink, clothing, toys and entertainment, schoolbooks and supplies, travel, extracurricular activities and everything in between, I would be surprised if it isn't costing significantly more than €150 per week per child for your ex and her partner to care for your children. It's also not a particularly high proportion of your weekly earnings after tax.

I would be sucking it up and feeling glad that I'm not paying more than that, to be honest!

Macker2001

I would think any renegotiating would increase your current amount. Seems a small percentage of your salary for your children.

draiochtanois

This post has been deleted.

James 1981

Thank you for all the replies, but I should have been clearer in my initial post, I'm looking for examples of relevant Court rulings rather than personal opinions. Thanks.

LegacyUser

James 1981 wrote: »

Thank you for all the replies, but I should have been clearer in my initial post, I'm looking for examples of relevant Court rulings rather than personal opinions. Thanks.

Then you need to speak to a solicitor, this is an internet forum, you are only going to get personal opinions. Legal advice is not allowed.

catrionanic

James 1981 wrote: »

Thank you for all the replies, but I should have been clearer in my initial post, I'm looking for examples of relevant Court rulings rather than personal opinions. Thanks.

A quick google didn't reveal set rates in Ireland, but in the uk, the minimum maintenance paid per week for two children is 16% of your weekly income, BEFORE tax. at the moment, you are paying just 19% of your net income, so you must be paying significantly less than 16% of your gross income. If anything, you're not paying enough.

I'm honestly pretty shocked that you seem to think you should be paying less!

James 1981

James 1981 wrote: »

Hi, I am paying €150 p/w maintenence for my 8 and 11 year old. I earn €775 p/w after tax. My situation, and my exs situation, are changing and I was wondering if our new situation means I should be paying less.
My ex (who I was not married to) recently got married. She has a 1 year old with her husband. She does not work.
My partner and I are expecting our first child next March. We are also in in the process of buying a house, my share of the mortgage will be approx 750. I am currently paying 550 rent.
With all these changes, is the maintenance I'm paying (€150) still the correct amount?
Thanks,
James.

You're talking about child maintenance so nearly none of the "changes" you listed above will affect what you pay.

It has nothing to do with your ex or her situation, or your current partner and your situation ... this is about your kids. You do realise that, right?

The ONLY thing you have listed that may be taken into account in possibly revising your level of child maintenance payment is the fact that you will soon have a third child.

Evd-Burner

Hi Jamie,

I have done this through the courts and represented myself on multiple occasions, you as the debtor are entitled to apply to vary the maintenance whenever you see fit, however after a court ruling has been made there is a waiting period of 6 months if I remember correctly where you can't put in another application for variation.

From seeing the above there really isn't enough details for anybody to comment on whether or not you are paying enough maintenance.

You would need to do out a statement of means for yourself listing all of your expenses and then do out an expenses sheet also to determine the true cost of the children.

Pkiernan

Seems to be a low amount as a percentage if your take home. Why would you want to reduce it ?

cbyrd

Maintenance in Ireland is calculated on your ability to pay. If your circumstances change you are entitled to apply for a variance order in court. Your income and expenses are all taken into consideration as are the mother's. Tbh, I think E150 a week is generous.
I receive E86 for 3 children per week with no extra for school, Christmas or birthdays, the children's dad is very well paid. He cut the maintenance without varying the order and it took over a year going through court to be told he's grand and he didn't have to repay the arrears.
I was surprised by this as it affected my ability to pay rent at the time and left myself and the kids in a very scary place re housing.
Don't confuse the issue that you are giving the money to your ex and her husband. You're giving it to your children.

i am having a similar issue with my ex, i have 2 boys non school going and thought i could pay the 200 per week she was demanding. A few months on and i am feeling the strain of paying it. i approached her about reducing it to 150 and all i got was if you reduce i'll be straight into legal aid and issue you a summons.

i was paying for the kids before we split so i know it doesnt cost 200 per week plus childrens allowance to care for them. On top of that i have feed and cloth them on my access. The way i see it is she isn't contributing to their costs and is making money off it.

Dravokivich

Don't be afraid of her, or the courts. You can only pay what you can pay. You've approached her about reducing it, she wouldn't engage. I think you can send in an application yourself for adjusting it, indicating you've attempted to discuss it and it's making things quite hard for you.

Don't challenge what she spends it on. Focus on your commitments and your ability to follow through on them.

boardsuser1

OP just make sure whatever you pay is all above board and has a paper trail.

Such as bank transactions etc.

Before the court i did cash in hand transactions and was eventually caught for a four figure sum when she eventually took me to court.

I pay maintenance for my eldest child through the court only plus any extra's.

I have 3 other children,soon to be 5, the ex believes as my partner's family are well off that i shouldn't have to pay for those children and divert the surplus to my eldest.

The court set the rate and my ex now wants extra money but won't go back to court for it, she wants to keep it under the radar of the social welfare and council, she doesn't work and lives in a council house, having it on record pushes up her rent and reduces her welfare.

boardsuser1

Dravokivich wrote: »

Don't be afraid of her, or the courts. You can only pay what you can pay. You've approached her about reducing it, she wouldn't engage. I think you can send in an application yourself for adjusting it, indicating you've attempted to discuss it and it's making things quite hard for you.

Don't challenge what she spends it on. Focus on your commitments and your ability to follow through on them.

The OP himself can apply to the court to have maintenance set.

While some people try to avoid courts,like i did at the outset, others prefer it as it can only be changed by the court.

It might not be for him but it may be something to consider.

You hit the nail on the head with what you have said.

vectorvictor

My attitude to this is that maintenance should be the figure necessary to cover the costs of maintaining the child. The courts seem to take a different view in my experience of going through initial and variation applications (following job loss). They look at your earnings and take a slice of that.

Now that I am back to work I am now in a position where I am paying above 100% of my ex's own declared costs of maintaining our daughter. Her own figure for clothing, medical, housing (she pays 15 per week to council), activities, food etc.. was 450 per month yet I pay 520 maintainance. Essentially I pay all of my daughters costs while she receives children's allowance, opf payment etc.. on top.

Judges in Ireland do not see this as an unfair outcome. So essentially op , if I was in your position I would zip it and be happy. It was your choice to increase your family size, housing arrangements (and costs) and a judge will take the view that your existing children should not see a deterioration in their standard of living because of how you choose to apportion your income. Fairness for you will be the last of a judges concerns and if you position your argument as you have in your opening post then I would be prepared to walk out of court feeling very small and silly and a little bit lighter in the pocket.

I've answered based on experience, not opinion as you have asked. My own opinion as a Dad who got a battering off a judge for reducing maintenance after loosing my job is slightly different!