child (over 18) claiming maintenance from parent

Susannahmia

If someone wanted to claim maintenance from their father (who has never financially supported them), by themselves, to say put them through college. What steps would they need to take, . would it be a difficult process and would anyone have any idea on the cost and length of time.

Thomas_S_Hunterson

If they're over 18, i don't think there's a whole lot they can do.

Susannahmia

even if it was support for college??

Duckjob

once you reach the age of 18 you're an adult in the eyes of the law.

Obviously many parents continue to support their children past 18 through 3rd level education, but AFAIK there's no legal obligation for them to do so.

hullaballoo

In terms of financial support, you're not an adult until the age of 23. I.e. if you get sued as someone under 23, your parents/guardians have to foot the bill if you cannot afford it. I'm not too clear on the position of college fees, but I'd imagine the courts would probably look on a deserting father in a bad light.

Karoma

I don't know how strong a case would be for that purpose. However, I think you may be able to get some money for special events (Birthdays, Christmas, etc.) back-dated?

hullaballoo

Yeah, I'd agree that it's probably possible to get back-dated funds. It definitely depends on the circumstances etc.

dermot_sheehan

the law in question is the family law (maintenance of spouses and children) act 1976

It defines "dependent child" as:
http://www.irishstatutebook.ie/ZZA11Y1976S3.html

dependent child of the family", in relation to a spouse or spouses, means any child—

( a ) of both spouses, or adopted by both spouses under the Adoption Acts, 1952 to 1974, or in relation to whom both spouses are in loco parentis, or

( b ) of either spouse, or adopted by either spouse under the Adoption Acts, 1952 to 1974, or in relation to whom either spouse is in loco parentis, where the other spouse, being aware that he is not the parent of the child, has treated the child as a member of the family, who is under the age of sixteen years, or, if he has attained that age—

(i) is or will be or, if an order were made under this Act providing for periodical payments for his support, would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of twenty-one years, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for him to maintain himself fully;

According to section 5 of the Act, application for maintenance can only be made by the other spouse:
http://www.irishstatutebook.ie/ZZA11Y1976S5.html

Application is made to the District Court

With regard to unmarried parents the appropriate law is section 11 of the Guardianship of Infants Act http://www.irishstatutebook.ie/ZZA7Y1964S11.html

Any person being a guardian of an infant may apply to the court for its direction on any question affecting the welfare of the infant and the court may make such order as it thinks proper.

(2) The court may by an order under this section—

( a ) give such directions as it thinks proper regarding the custody of the infant and the right of access to the infant of his father or mother;

( b ) order the father or mother to pay towards the maintenance of the infant such weekly or other periodical sum as, having regard to the means of the father or mother, the court considers reasonable.

this section was amended by section 8 of the Children's Act 1997

"(5) A reference in subsection (2)(b) to a child shall include a reference to a person who—

( a ) has not attained the age of 18 years, or—

( b ) has attained the age of 18 years and is or will be, or if any order were made under this Act providing for payment of maintenance for the benefit of the person, would be, receiving full-time education or instruction at a university, college, school or other educational establishment, and who has not attained the age of 23 years.

Again application is made by the guardian to the district court. There doesn't seem to be any ability for the dependent child in either act to start proceedings on their own. The probable reason for this is that for the vast majority of the time a person is a dependent child they will be under the age of 18 and thus lack the legal capacity to institute proceedings

Our man in Havana

If you apply for a 3rd level grant up to the age of 23 u are assesed on your parents means regardless if you live at home or not.