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Child & Spouse Maintenance

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  • 26-07-2014 1:08am
    #1
    Primrose Lane
    Registered Users Posts: 13 ✭


    hi,

    Can someone please tell me am I obliged to pay my ex wife both child maintenance and 'spouse maintenance'? this is the new thing that she threw at me this evening after i gave her child maintenance for our son (the amt that I was instructed to give her from a solicitor after 1 initial meeting).

    Please help....................


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    #2
    Ann84
    Registered Users Posts: 303 ✭✭Ann84


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

    You need to speak to your solicitor as you have legal obligations to maintain your partners under certain circumstances, ie if you are the only one working or earn significantly more...


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    #3
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    Ann84 wrote: »
    http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/maintenance_orders_and_agreements.html

    You need to speak to your solicitor as you have legal obligations to maintain your partners under certain circumstances, ie if you are the only one working or earn significantly more...

    Well put. Judges are slow to award Spousal though so circumstances need to be on the more extreme end. Hence it is rarely in agreements.

    Avoid paying it voluntarily like the plague. She will keep a record and use it as an admission you owe it. Why is it so bad?? Because while child maintenance stops at 23 even if they are in college spousal only ends if the receiving party dies or remarries. She can cohabit and still claim. Even your death won't end things. She could claim off your estate. So best avoided!!!

    Any child maintainance you do pay - pay visibly by bank transfer preferably standing order into her account . Label it clearly CHILD maintainance never just maintaince.


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    #4
    superstepmom2b
    Registered Users Posts: 30 ✭superstepmom2b


    Agree with the others.

    You can download examples of court papers and I'm.aware of an indo article not to long ago about spousal support.

    It is rarely awarded and only in extreme circumstances as outlined by the others. Examples would be where she never worked maintained the home and rrarded your child. It would be granted but only depending on what you actually earn yourself. And depending on her age, issue is of working age it may only be awarded for 6mts to a year and then reassessed.

    Basically your main responsibiliy is yo your child and maintaining them not your ex wife.

    Only thing to consider is if there is a mortgage which she may not be able to pay on her own. Your liable for the dent also so you will need to continue paying this until the situation is dealt with by the court.


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    #5
    wuzziwig
    Registered Users Posts: 516 ✭✭✭wuzziwig


    desbrook wrote: »
    Well put. Judges are slow to award Spousal though so circumstances need to be on the more extreme end. Hence it is rarely in agreements.

    Avoid paying it voluntarily like the plague. She will keep a record and use it as an admission you owe it. Why is it so bad?? Because while child maintenance stops at 23 even if they are in college spousal only ends if the receiving party dies or remarries. She can cohabit and still claim. Even your death won't end things. She could claim off your estate. So best avoided!!!

    Any child maintainance you do pay - pay visibly by bank transfer preferably standing order into her account . Label it clearly CHILD maintainance never just maintaince.

    Holy moley, it's a minefield isn't it? It's just mad the lengths people have to go to with anything to do with separation.


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    #6
    Joshua5
    Registered Users Posts: 374 ✭✭Joshua5


    Anybody have an idea of what the average is for child maintenance per week per child. Just the average, I realise it can vary depending on income but I'm curious.


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    #7
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    Joshua5 wrote: »
    Anybody have an idea of what the average is for child maintenance per week per child. Just the average, I realise it can vary depending on income but I'm curious.

    I would think 40-80 per week per child covers most people. Often a chunk of mortgage is being paid in addition by married separated usually husbands.


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    #8
    superstepmom2b
    Registered Users Posts: 30 ✭superstepmom2b


    desbrook wrote: »
    I would think 40-80 per week per child covers most people. Often a chunk of mortgage is being paid in addition by married separated usually husbands.

    The family court can award no more then 150 per week. District court can grant more then that. The age and needs of the child are considered for example if child care is required etc.
    Important thing is to be very clear on all your outgoings, food bills presents travel etc etc showing where every penny goes. She will need to do likewise. If your contributing towards the home include that also. She will be required to do like wise


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    #9
    Joshua5
    Registered Users Posts: 374 ✭✭Joshua5


    superstepmom2b wrote: »
    The family court can award no more then 150 per week. District court can grant more then that. The age and needs of the child are considered for example if child care is required etc.
    Important thing is to be very clear on all your outgoings, food bills presents travel etc etc showing where every penny goes. She will need to do likewise. If your contributing towards the home include that also. She will be required to do like wise

    I get that, but like I said before I think it shouldn't be based on earnings but rather a flat fee in agreement because then if you do OT, get pay rise etc they get more. I should be allowed to spend my hard earned money on my kids and not hand it over for her to be able to spend it.


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    #10
    superstepmom2b
    Registered Users Posts: 30 ✭superstepmom2b


    Joshua5 wrote: »
    I get that, but like I said before I think it shouldn't be based on earnings but rather a flat fee in agreement because then if you do OT, get pay rise etc they get more. I should be allowed to spend my hard earned money on my kids and not hand it over for her to be able to spend it.

    Totally agree.....however the problem is that unlike in the UK the amount you pay is at the mercy of the judge. If your ex is on minimum wage and your child is with her the majority of they time and you are paid 70-80k a year simple fact is you are going to be paying more. Judge may decide that if the weekly cost to maintain your child is say 150 for example that given your higher salary then you will pay the larger amount. So you might pay 100 and she 50


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