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child maintenance

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  • 17-04-2015 6:42pm
    #1
    Al 25
    Registered Users Posts: 125 ✭✭


    Hi sorry this has probably been asked and answered , but il make it short my brother had a child with his partner he had only a relationship for about a year with this person (they were never married) and has always paid maintenance to her and has taken his child for the weekends for the last 12 years up to present .He got married last year and his partner married about 3 years ago . The question is when does he have to stop paying maintenance LEGALLY is it when the child reaches 18 or was it wwhen the child s mother got married.In saying this he will always financial look after his child forever but when LEGALLY does he have to stop paying .The courts were never involved in the relationship. Thanks people I hope you can answer this question for him thanks.


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    #2
    Guffy
    Registered Users Posts: 8,038 ✭✭✭Guffy


    23 or full time education afaik, whichever is later


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    #3
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    It's 18 or up to 23 if in full time education. Whichever comes first. As for the mother getting married, it makes no difference. Its still his child.

    http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/maintenance_orders_and_agreements.html

    Maintenance orders
    If the parties cannot agree upon maintenance, either party can apply to court for a maintenance order. An application for maintenance can be brought either in the District or Circuit Court.

    A person seeking a maintenance order can represent himself or herself. However, a person seeking a maintenance order should always check to see if they are eligible for legal aid or contact a private solicitor to assess the cost of the application. The cost of the application can be awarded against the party refusing to pay maintenance if a judge considers it appropriate.

    Maintenance awarded to a civil partner is for their own benefit while maintenance awarded to an unmarried parent is for the benefit of their child. However, maintenance can be awarded to a spouse for their own benefit and/or for the benefit of a child who is under the age of 18, or 23 if the child is in full-time education. If the child is over 18 and under 23 and the financial circumstances do not allow him/her to attend further education, maintenance can be applied for in order to facilitate further education. If the child has a mental or physical disability to such a degree that it will not be possible for the child to maintain him/herself fully, then there is no age limit for seeking maintenance for their support.

    Each party must disclose their finances to the court and the judge will consider all of the family's circumstances when making a maintenance order.


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    #4
    Al 25
    Registered Users Posts: 125 ✭✭Al 25


    ken wrote: »
    It's 18 or up to 23 if in full time education. Whichever comes first. As for the mother getting married, it makes no difference. Its still his child.

    http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/maintenance_orders_and_agreements.html

    Maintenance orders
    If the parties cannot agree upon maintenance, either party can apply to court for a maintenance order. An application for maintenance can be brought either in the District or Circuit Court.

    A person seeking a maintenance order can represent himself or herself. However, a person seeking a maintenance order should always check to see if they are eligible for legal aid or contact a private solicitor to assess the cost of the application. The cost of the application can be awarded against the party refusing to pay maintenance if a judge considers it appropriate.

    Maintenance awarded to a civil partner is for their own benefit while maintenance awarded to an unmarried parent is for the benefit of their child. However, maintenance can be awarded to a spouse for their own benefit and/or for the benefit of a child who is under the age of 18, or 23 if the child is in full-time education. If the child is over 18 and under 23 and the financial circumstances do not allow him/her to attend further education, maintenance can be applied for in order to facilitate further education. If the child has a mental or physical disability to such a degree that it will not be possible for the child to maintain him/herself fully, then there is no age limit for seeking maintenance for their support.

    Each party must disclose their finances to the court and the judge will consider all of the family's circumstances when making a maintenance order.

    Cheers Thanks for the info you where a great help clear cut answer cheers


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    #5
    Guffy
    Registered Users Posts: 8,038 ✭✭✭Guffy


    Sorry misremembered


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