Does he still have to pay?

mad m

Just putting this in for a mate of mine,he had a daughter with his Ex girlfriend who is now married 4 years now,he is just about to get married and has two other kids with his wife to be.

He pays monthly for the up keep of his first child and goes half on school fees etc but does he still have to pay now seeing as his ex girlfriend is now married 4 years? I think he does,he doesnt mind paying it but would like to know one way or the other.

spurious

I would imagine so. It's still his child.

Roy16

I'm not 100% sure, but quite sure that he has to up until the child is 18 and after that then the payments are stoped altogether.

Aard

If it's a court order, then yes he has to pay. However, if he's on good terms with his ex then it might be a different story.

mad m

Aard wrote:

If it's a court order, then yes he has to pay. However, if he's on good terms with his ex then it might be a different story.

No court order afaik,on good terms with ex.

Gillo

Even if he is not legally obliged to pay, it'd be pretty scabby for him not to pay. Effectively he'd be just "fobbing" his daughter onto someone else.

Remember the money is not for his ex it is for his daughter, he ex merely spends the money as needed ie, food, accomadation, clothes, education.

dermot_sheehan

mad m wrote:

Just putting this in for a mate of mine,he had a daughter with his Ex girlfriend who is now married 4 years now,he is just about to get married and has two other kids with his wife to be.

He pays monthly for the up keep of his first child and goes half on school fees etc but does he still have to pay now seeing as his ex girlfriend is now married 4 years? I think he does,he doesnt mind paying it but would like to know one way or the other.

The order may be varied or discharged under s. 6 of the Family Law (Maintenance of Spouses and Children) Act as amended by the Status of Children Act 1988.

section 6(b) provides:

( b ) discharge or vary a maintenance order at any time, on the application of either party, if it thinks it proper to do so having regard to any circumstances not existing when the order was made or, if it has been varied, when it was last varied, or to any evidence not available to that party when the maintenance order was made or, if it has been varied, when it was last varied.

so basically an application to the District court can be made to vary the order due to change in circumstances. An automatic discharge of a maintenance order to a child only occours when the child is 18 (or 23 in full time education). For peridoic payments to a divorced spouse under the Family Law act 1995 there is an automatic discharge if that spouse remarries.

Heyes

as said above i would have thought he would still have to pay, jsut because she s getting married doesnt stop him been the childs father, he still has responsibilities and things to get the child.

Millie1

Stuff what they law says, if u ask me this is a moral issue...Its his child he's talking about not a stuffed toy! Yes he has to continue paying money for his child's upbringing, he hardly expects someone else to do it?! As my aul Gran says, You dip your wick, you pay for the oil!!!!!!!!!!

Eru

He still has too pay. Its only your ex-wife that stops when she gets marraid again.

I dont understand why hes paying maintenance and half/half with her. Its A or B.

mad m

He was never married in first place,they only went out etc,he is now getting married to his now future wife. He is a good father,his eldest has never gone without,he has always paided his dues. He just asked me out of the blue the other day and I said I would put it on here.

His ex girlfriend has a great job and so does her husband and mortage free while he is the opposite. Well I'd agree if you dip your wick you pay for the oil..But he goes halfs with schooling,gives a monthly maintenance and whatever else that is halfs.

Eru

mad m wrote:

But he goes halfs with schooling,gives a monthly maintenance and whatever else that is halfs.

Thats what I dont get, if he pays half the expences why is he also handing over a montly amount? Besides their jobs which is besides the point, she gets childrens allowance.

Is your friend also claiming single parents tax free allowance? He is entitled and if he is not they will backpay it.

Static M.e.

If he wants a definate answer he can email the people at oasis.gov.ie its an irish government website that can tell you for free your entitlements and legal obligations

hullaballoo

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