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€50 Maintenance for 3 children?

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  • 15-03-2022 11:41am
    #1
    Gency
    Registered Users Posts: 18 ✭


    My ex only pays €50 per week for 3 children and nothing towards anything else, including the mortgage, nor does he see the children and hasn't made any contact with them since November. I work, he is on the BTWEA (self employed and able to keep social welfare payment) he is claiming he has no work, he said €50 is all he can afford. He has minimal outgoings, lives with someone else. Judge said to get proof he is working, which I have a bit.

    How will it go in court, anyone experience of this?



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    #2
    thefallingman
    Registered Users Posts: 1,268 ✭✭✭thefallingman


    The judge will decide what he can pay, i presume it's the family court you are going too. He will have to provide all of his incomings and outgoings ect. I've been there (dad) and it's a tough day so i wish you well and once it's done it's better for everybody as there's no grey area. If he can only pay so much you get more from welfare, as in family income supplement i think and others, but if he gets back working full time the welfare will look for more money from him and he will be means tested every couple of years



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    #3
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    https://www.boards.ie/discussion/2058237455/50-maintenance-for-3-children

    Why are you assuming the OP is in receipt of social welfare? They didn't mention that. We need a Judge Judy in this country. (Or more Mary Larkin's). €50 a week for three kids is pathetic.

    If his current self-employment setup does not allow him to provide adequately for his children, then he needs to leave self-employment and get a job working for someone else.

    In saying that, I know a case where a parent was photographed in a work van at numerous work sites. It didn't go well for them in court when they tried to claim they had no work, so if you have proof they are working, you have a good chance of getting an increase on paper.

    Getting him to pay up? That's another story. From the sounds of it, I wouldn't hold my breath.



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    #4
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    but if he gets back working full time the welfare will look for more money from him and he will be means tested every couple of years

    Just on this point. 50% of any maintenance paid directly to the maintenance creditor (usually the mother) by the maintenance debtor (usually the father) is means tested for social welfare purposes, and rates adjusted accordingly.

    But if the maintenance debtor pays maintenance directly to the MRU (Maintenance Recovery Unit) - the money does NOT get passed on to the maintenance creditor. They see none of it. The purpose of the MRU in assessing / pursuing parents for maintenance is to recoup funds on behalf of the State, to be offset against the cost of paying benefits.

    This is why it is better for all concerned to come to an agreement and maintenance paid to the maintenance creditor directly, rather than to DSP (and then declared by the maintenance creditor as means).

    Also, DSP / MRU do not have the authority to overrule a maintenance order or increase the amount set by the Family Courts.



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