Divorcing PPR and child maintenance

Any advice about burning her in court etc is poor. I'm telling you seriously only the lawyers win. It's unbelievably expensive and you'll be on the hook, not her.

I'm a woman, divorced abroad (eu) where you only get assets you had before marriage, anything which was yours stays yours. No spousal support as everyone works (good kindergarten system) just state regulated child support if children live in one household. My ex and I are good friends as no acrimony due to a simple system.

And you think the mature way of handling this is "going to war" and "destroying" the character of the person you have to spend the next 20 years raising your children with?

As for the kids - their parents broke up. **** happens. They can be told more about it when its age appropriate. But one parent going to "war" on the other and growing up will parents who can't be civil to or around each other will end up hurting them a lot more than the original reason for the break up will.

Imagine growing up in an atmosphere where every shared occasion (and there will be many over the coming years) is a tense, angry, battleground between their parents that the kids have to endure? Every birthday party, christmas, school event.

Doesn't sound very nice for the kids, does it? You have a think about that, rather than some desire for revenge.

Thankfully, the OP doesn't sound like the kind of guy who wants that for his kids.

It doesn't matter. Once you married, the house became a jointly owned marital asset and is protected by the Family Home Protection Act, 1976.

All assets and income become jointly owned once you marry. From that date, the court won't see it as you paid the mortgage "by yourself," but that you paid it from the joint family income.

But - when the property is eventually divided, or one of you buys the other out (have you considered offering to buy her out?) it does not mean any equity will automatically be split 50% : 50%. The proceeds of any sale will be split based on contributions made - both those you made before the marriage and whatever comes after.

But working part time and raising four children will be seen as "contributing" to the family pot even if it was not directly in cold hard cash to the mortgage account.

By the way, the max child maintenance that can be awarded in the District Court is €150 per child per week, and Spousal Maintenance can be up to €500 per week. However, as your ex-wife has her own income the likelihood of spousal maintenance is also close to nil. The mortgage will be dealt with separately to child related costs.

(The Circuit Court can award higher amounts, but like has been said, they won't order you to pay what you can't pay.)

There is family mediation available, and the Courts prefer to see it attempted before actually going to before them, but unless you pay privately there are waiting lists.

Family mediation for separating couples (citizensinformation.ie)

You want the family destroyed, seriously you need to get some help, giving bad advice won't heal your hurt.

It's their house.

The mortgage is not €1500. His total contribution averages €1500 per month. The OP hasn't specified how much the actual mortgage portion of that is, and he doesn't have to.

His ex-wife is also hardly going to be "living it up" any more than he is, on a part time wage and social welfare with four kids to look after - and I do believe she will be ordered to contribute financially - probably by way of less maintenance in lieu of mortgage payment but legally that's not a great idea either.

So in essence the ex-wife is in a better financial position than the husband, yet he is expected to foot most of the bills?

Family Law in Ireland is a joke shop.

This brings up an interesting point though.

What if he was made unemployed in the near future and he was not able to keep up repayments?

Would the banks make them sell up and split the assets?

Tbh, the scenario presented currently by the husband is one like an indentured servant of old. In any other scenario, it would be illegal to enter into a contract or position like this, but because it's a divorce it's seen as acceptable.

Hammerhead1, in fairness to you, you should also be calculating in the cash value of the SPCCC as income to her (Single Person Child Carer Credit) - or maybe you already are.

Currently your ex-wife's income is less than yours, but you won't be expected to pay spousal maintenance. You haven't said how old your children are, but your ex-wife's OPFP entitlement will end when your youngest turns 7, so things may change substantially then. She'll either have to go onto JST and look for full time work, or possibly claim WFP.

I do think you will end up paying less than you are now in final settlement of the divorce, depending on what is ruled for the property.

One thing I will warn you against is something I mentioned previously, paying the mortgage in lieu of child maintenance. Don't do that.