Naive about Maintenance?

venusdoom

Hi all. I'm very confused about my child's father's maintenance payments. Whenever maintenance is mentioned my husband (and friends) say I'm being naive and letting my ex get away with too much when it comes to his payments. Our child is 10. For first few years he wouldn't pay, I went to my solicitor and we worked out an agreement of 70 a week. This wasn't always adhered to but I went along with it and he would backpay me. 2 years ago he left work and went back to college. He lives with his partner who has a full time job and as far as I know, he gets social welfare. He's currently giving me 30euro a week as he said that's all he could afford. I had to accept this but it's been brought up a few times now that he's getting off lightly and not paying what he should be for his son. Can anyone give me any advise on average maintenance payments or maintenance while on social welfare? Thanks.

cbyrd

If it was court ordered maintenance then he can't reduce it without a variance court order. This means going back to court and having the new circumstances taken into consideration. His partners income will not be taken into consideration as she is not obligated to pay you or your child anything. He will have to provide a new statement of means and then the court will decide.

If you are okay with the maintenance you are receiving then it's no business of anyone's, including your partner. He is entitled to voice an opinion but to constantly mention it is obviously only hurting your feelings as you can do very little about it. Your partner needs to back off a bit.

My advice would be to go back to court with it and make the new amount official, or get the previous court order enforced and have the arrears paid.

venusdoom

.[/quote]

cbyrd wrote:

If you are okay with the maintenance you are receiving then it's no business of anyone's, including your partner. He is entitled to voice an opinion but to constantly mention it is obviously only hurting your feelings as you can do very little about it. Your partner needs to back off a bit.

cbyrd wrote:

My advice would be to go back to court with it and make the new amount official, or get the previous court order enforced and have the arrears paid.

Thanks Cbyrd. I'd rather not go down the court route again and wouldn't claim for arrears but it's good to know that. My ex is very volatile and I'd be afraid something like that would stop him from having a relationship with our son. I think my partner and family are saying that as they see my ex driving a nice car and doesn't seem to be struggling and I'm here out of work and not getting any social assistance as I'm not entitled. I guess this is a conversation I really should have with him. Thanks again.

Dravokivich

Driving the car doesn't make it his. Don't look at him with green eyes. If he can't pay more a judge shouldn't force him to.

Evd-Burner

Also just to note that arrears usually only go back 6 months.

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