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Maintainance payments

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  • 14-08-2014 12:04pm
    #1
    huwants2no
    Registered Users Posts: 24 ✭


    Hi all
    Just wanted to ask a quick question about child maintainance payments. Will save you all the ins n outs as much as possible..
    Since we seperated I have pretty much had our 2 kids half of every week. I pick them up after school Thursday n drop them to her later that nite and Friday after school too. Then they stay with me threw till Sunday evening.
    Does the fact that they spend a lot of time in every week with me affect the maintainance payments I would make to her for them?
    I can fill in details in it helps:)
    Thanks


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    #2
    diveout
    Closed Accounts Posts: 746 ✭✭✭diveout


    huwants2no wrote: »
    Hi all
    Just wanted to ask a quick question about child maintainance payments. Will save you all the ins n outs as much as possible..
    Since we seperated I have pretty much had our 2 kids half of every week. I pick them up after school Thursday n drop them to her later that nite and Friday after school too. Then they stay with me threw till Sunday evening.
    Does the fact that they spend a lot of time in every week with me affect the maintainance payments I would make to her for them?
    I can fill in details in it helps:)
    Thanks

    Yes and No.

    That you have them half the week would probably mean no or minimal maintenance.

    However, if you fecked off completely and she had them ALL the time, NO you wouldn't have to pay any extra in compensation for this.


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    #3
    huwants2no
    Registered Users Posts: 24 ✭huwants2no


    diveout wrote: »
    Yes and No.

    That you have them half the week would probably mean no or minimal maintenance.

    However, if you fecked off completely and she had them ALL the time, NO you wouldn't have to pay any extra in compensation for this.


    Thanks! No plans to 'feck off' anyway so don't need to worry bout that. Unfortunately the situation is made bit more complicated by fact that the x is still living in the affordable house we bought together. House and mortgage has caused a lot of problems and still does.
    She's also getting married later this year so I'm not sure if the marriage can have any legal bearing on the kids or the house!?
    Does feel a bit one-sided when she gets the house,the benefits and the tax credits now too!
    Us men get the short straw me thinks


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    #4
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    The house sounds like a bigger problem tbh. Have you got legal advice on it?


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    #5
    gavindublin
    Registered Users Posts: 307 ✭✭gavindublin


    And were you maried and seperated or partners and seperated??


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    #6
    huwants2no
    Registered Users Posts: 24 ✭huwants2no


    @desbrook
    Your not far wrong. If the house could be sold I know it would make things a lot smoother but as of yet haven't gotten legal advice. Suppose I thought from day one if we could keep the courts or lawyers out of it would be a plus for all 4 of us. With the wedding coming up could probably do with talking to someone though
    @gavindublin
    Not married. Just common law partners for 9 years. So far as I'm aware I hav absolutely no rights. HAVE to organise guardianship before the x gets married but that comes down to her agreeing to me becoming our kids guardian. If she doesn't agree means I have to take it through court...not where I wanted to end up

    On a side note,if a house is in 2 people's names is it possible for one to have the other removed from ownership?


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    #7
    huwants2no
    Registered Users Posts: 24 ✭huwants2no


    Anyone know about last question asked above??
    Gonna get onto citizens advice aswel and ultimately think I'll need legal advice


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    #8
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    huwants2no wrote: »
    Anyone know about last question asked above??
    Gonna get onto citizens advice aswel and ultimately think I'll need legal advice

    There's usually a mortgage and where there's a mortgage there's a lender ( bank or building society) . They usually will oppose anyone "taking their name off " a mortgage. They will also often oppose any one "taking their name of " ownership of a house. The problem from their point of view is that if someone doesn't own a house the bank has nothing to chase if the person stops paying the mortgage . Make sense?


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    #9
    huwants2no
    Registered Users Posts: 24 ✭huwants2no


    desbrook wrote: »
    There's usually a mortgage and where there's a mortgage there's a lender ( bank or building society) . They usually will oppose anyone "taking their name off " a mortgage. They will also often oppose any one "taking their name of " ownership of a house. The problem from their point of view is that if someone doesn't own a house the bank has nothing to chase if the person stops paying the mortgage . Make sense?

    Yup sure does. Was probably just a bit of a rant from herself and maybe some wishful thinking too. Will defo be talking with someone who knows the legal side of all this. Should of seen all this rubbish coming down the line!
    Thanks again for your input


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    #10
    superstepmom2b
    Registered Users Posts: 30 ✭superstepmom2b


    You may not have been married bit in the eyes of the state you are common law husband and wife in terms of joint assets. The house is jointly owned by you both and therefore you are entitled to 50% of the house.
    To be honest I would seek legal advice, she should be buying you out of the house or the house be sold with perhaps her getting a greater share due to the children.

    If you want to court in terms of maintenance and dealing with the house as access seems to be 50/50 you both have equal costs relating to feeding, clothing your children etc. That will all be taken into consideration but at the end of the day you have to be able to provide a home for your children too.

    In terms of her getting married, this may also impact how the house is looked at and maintenance as her husbands earnings will also be taken into consideration.

    Overall you need a solicitor and you probably need to go to court or mediate a fair agreement re house and kids. Prepare yourself to go to court.


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    #11
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    superstepmom2b wrote: »
    You may not have been married bit in the eyes of the state you are common law husband and wife in terms of joint assets. The house is jointly owned by you both and therefore you are entitled to 50% of the house.
    To be honest I would seek legal advice, she should be buying you out of the house or the house be sold with perh,aps her getting a greater share due to the children.

    If you want to court in terms of maintenance and dealing with the house as access seems to be 50/50 you both have equal costs relating to feeding, clothing your children etc. That will all be taken into consideration but at the end of the day you have to be able to provide a home for your children too.

    In terms of her getting married, this may also impact how the house is looked at and maintenance as her husbands earnings will also be taken into consideration.

    Overall you need a solicitor and you probably need to go to court or mediate a fair agreement re house and kids. Prepare yourself to go to court.

    Only recently has cohabitation been recognised in Irish law. Before that two unmarried ppl bought a house as strangers legally and 50/50 applied. Even with kids it wasn't a " family home " and as such didn't get the protection that that status brings. Nowadays if you have kids and cohabit for two years the relationship is recognised. The OP may fall foul of this but needs legal advice.


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    #12
    wuzziwig
    Registered Users Posts: 516 ✭✭✭wuzziwig


    I had to buy my ex out of the family home to get his name off the deeds of the property. The only way the bank would entertain this was me applying for a new mortgage under my own name and I borrowed enough to pay him off (we agreed the figure between us) and pay off the balance left on the joint mortgage.

    I think you need legal advice as you have the guardianship of the kids to sort out and also what happens to the house when your ex gets married.


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    #13
    huwants2no
    Registered Users Posts: 24 ✭huwants2no


    Just wanted to update this thread and thank the posters that i didnt reply too.
    Circumstances are similar but now she is also married.
    She refused to sign guardianship forms so im only left with the court option there.
    I spoke to EBS about removing my name from the house and they said she would have to take over the mortgage.She says they wont give her the mortgage so not sure if i can get my name off.
    Has the overall feeling the only way this will get resolved is in court now.
    I did speak with Treoir in Dublin who i found really helpful but for whatever reason my x didnt want to sit down and let them mediate.
    Spoke with 2 solicitors aswel threw citizens advice...free of charge which was great.didnt fully andwer my questions though.
    If my name stayed on the property but i stopped contributing toward the house would that affect the situation in any legal kind of way or if the house was sold down the road would it have a bearing on the 50/50 aspect?
    Back to work here,gotta run
    Thanks again to all previous posters:)


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    #14
    superstepmom2b
    Registered Users Posts: 30 ✭superstepmom2b


    huwants2no wrote: »
    Just wanted to update this thread and thank the posters that i didnt reply too.
    Circumstances are similar but now she is also married.
    She refused to sign guardianship forms so im only left with the court option there.
    I spoke to EBS about removing my name from the house and they said she would have to take over the mortgage.She says they wont give her the mortgage so not sure if i can get my name off.
    Has the overall feeling the only way this will get resolved is in court now.
    I did speak with Treoir in Dublin who i found really helpful but for whatever reason my x didnt want to sit down and let them mediate.
    Spoke with 2 solicitors aswel threw citizens advice...free of charge which was great.didnt fully andwer my questions though.
    If my name stayed on the property but i stopped contributing toward the house would that affect the situation in any legal kind of way or if the house was sold down the road would it have a bearing on the 50/50 aspect?
    Back to work here,gotta run
    Thanks again to all previous posters:)

    I think what you need is really good legal advise. The fact she has married now does change matters. I'm assuming she and her husband reside in the property? As sheismarried he has an entitlement to her share of the house.

    I think your best bet all round really is to take the matter to court and have the courts rule on the house also. If she is not willing to take on the mortgage then the house should be sold. As she's married there is an assumption as a married couple they now share financial duties I.e. 50/50. It is not your responsibility to keep a house over her and her husbands head.

    Retaining your name on the house now that she's married is a legal nightmare.

    Are you still paying half the mortgage? I would think you could get a solicitor to write to her and the bank to say you will no longer be paying half the mortgage on a house you no longerreside in and one where she now lives with her spouse and that you will begging to court to get the matter resolved. Chances are this will force her hand as it's likely the court will look for the house to be sold


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