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Maintenance and Thoughts on situation

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  • 10-05-2021 2:11pm
    #1
    Skodafan
    Registered Users Posts: 19 ✭


    So long story short ,

    Wife and I separated a few years back and I'm starting to get things in order for myself to have a clear outset and things to work on.

    I've put things on the long finger with her.

    At Present I am paying €1043 on maintenance and our mortgage a month, This is about 47% of my wage,

    After my own bills are paid and my other financial commitments are looked after I am left with €50 a week "Me" money .

    My ex has now moved a new partner into the house and I'm wondering do I have any right to ask for money toward the mortgage from them both ?? As it stands Im seem to be paying for him to live commitment free in what is still my house ?


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    #2
    Antares35
    Registered Users Posts: 3,845 ✭✭✭Antares35


    Hi Skodafan, I feel for you to be honest! Are you currently paying an amount that you mutually agreed to or was it court ordered? I believe the general way to go is to review payments on an annual basis anyway. You can apply for a variation of the order. The citizens advice website has some good information/ advice.


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    #3
    Skodafan
    Registered Users Posts: 19 ✭Skodafan


    Antares35 wrote: »
    Hi Skodafan, I feel for you to be honest! Are you currently paying an amount that you mutually agreed to or was it court ordered? I believe the general way to go is to review payments on an annual basis anyway. You can apply for a variation of the order. The citizens advice website has some good information/ advice.

    It was mutually agreed about 4 years ago when I had a different job and I was better off financially


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    #4
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    Are your payments court mandated?

    I'm not sure how it's treated regarding your ex moving in someone as effectively that should be an additional income that your ex should be receiving (Like Rent-a-room), but it would certainly be difficult to prove. The way to look at the mortgage payments is essentially you are investing in the house and when the kids have grown up you will be entitled to your share of the property - I think in these situations, the person who gets to stay in the family home often doesn't consider that one day it will have to be sold and that will come as a shock.

    You might be better asking this in the separation and divorce forum.


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    #5
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    If your circumstances have changed, and also your ex partners have also changed (new partner moving in) then you are within your rights to request a review of maintenance with a view to a variance order. Its recommended maintenance payments are reviewed every two years or so, so you are overdue.

    Both you and your ex will have to submit new Affidavits of income and outgoings prior to a variance hearing and her income will be looked in the context that she is now sharing household bills (but not child related) costs with a new partner.

    She will have to declare any income she is receiving from her new partner / lodger.


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