Child Maintenace

LegacyUser

Folks,

Dunno if this is the right place to post - so feel free to move it.

I am thinking about brining the father of my baby to court - he has stopped paying me maintenance. He was never ordered to pay me maintenance. He did it off his own back. But for the past 6+ months i havent recieved a penny.

What should i do? What options arew available for me?

Everyone says to me that i should bring him to court - but i dunno what this entails or where to start? How costly it would be etc.

Any information would be great.

Thanks

Beruthiel

Moved to the Parenting forum.
B

nesf

Has he refused to pay maintenance or has he simply stopped doing it and cut off contact? Or is he in financial difficulties himself?

RichMc70

Depends what youre looking for but the minimum maintenance order through courts is €50 per week.

You wouldnt need to appoint a solicitor if youre just looking for the basic minimum, you can do it all yourself with no cost. Just go to your nearest family law court and make an application for a Court Order on Maintenance.

If, however your looking for more, then I would suggest seeking legal advice.

Kildrought

the minimum maintenance order through courts is €50 per week

There is no minimum figure for maintenance; the maximum available at District Court level if €150 per week per child.

Having said that it is reasonably straight forward to apply for child maintenance at your local District Court - the court clerks are very helpful in regards to what forms need to be completed though they cannot give legal advice.

You will find a good spread sheet on calculating child maintenace on www.solo.ie and quite a lot of information also on www.rollercoaster.ie

There is a sticky at the top of this parenting forum on maintenance also.

jam_mac_jam

I would also try your local citizens advise, I received free legal advise in that situation, not much but a good pointer on where to apply and how to go about it. I would second solo. ie as well its very good. Good luck with it.

bored and tired

you should ring up the free legal aid board in your area,
citizens information will be able to give you number, they will assess your finances and so long as you qualify they then tell you how much the case is going to cost you upfront, regardless of how long it takes a friend paid €13 for 8*monthly court cases she was on lone parents allowance and was working part time as well, so it pays to ask.
Also Ask for the maintenance order to be paid to you through the court clerk that way they keep the records of when it is and isnt paid and its straight forward to sign for a warrant after few weeks/month to remind daddy of his responsibility.

msm22

Hi im a single dad who is currently claiming J.S.A i have split from my ex partner we currently have a 2 year old i live in portlaoise my ex lives with my daughter in dublin i have my daughter 3 nites every 2 week by court order now she is taking me to court after 18 months of us splitting for maintenace i have to travel to dublin to pick and drop off my daughter buy train im already doing the best i can to support my girl althou i want to work im finding it hard on 188 euro aweek wot should i expect in court

superstepmom2b

msm22 wrote: »

Hi im a single dad who is currently claiming J.S.A i have split from my ex partner we currently have a 2 year old i live in portlaoise my ex lives with my daughter in dublin i have my daughter 3 nites every 2 week by court order now she is taking me to court after 18 months of us splitting for maintenace i have to travel to dublin to pick and drop off my daughter buy train im already doing the best i can to support my girl althou i want to work im finding it hard on 188 euro aweek wot should i expect in court

The court will have the child's best interests at heart first of all. In terms of maintenance they need to understand

1 what you both earn
2 what both of your living costs are
3 direct costs related to the child

You need to be open and honest about all costs. I'm sure you do do your best when you can but oshe may need more and the security of a set amount at a set time every week or month so she can care for your child.

If you go to the courts website there is a statement of means forthat will help you break down your costs.

Rent
Ffood
Utility bills
Normal travelvet costs.

In terms of existing maintenance do you give your ex partner anything?

For the days you.have your child you need to work put those costs also.

So you get 814 pm
Rail per month 100 (based on approx 23 return x5)
You also have costs when.she's with you in terms of feeding etc unless she is providing you with this. So say 60. This leaves you with 654 pm or 163 per week.

I would expect that even though you are left with 163 per week, depending on reasonable living costs you may be required to give her up to 20 a week to support her maintoning your child.

Does she work, is she claiming one parent family allowance etc etc

msm22

thanks for comment i also have rent to pay 45 euro a week i have credit union loan at 27 a week with gas eletric food for myself and daughter, clothes etc not to mention all this comming up to christmas im struggling would i need to bring evidence of these such as items i have bought for my daughter ? my ex claims to be living alone but shes living with her partner she does not work and is claiming single parent allowance for my daughter i get no help im also taking ex back to court on he 16th because she is now stopping me taking my daughter to england to vist my family out of spite i was wonder if im entitled to ask judge if i can make my ex drop up my daughter and i can drop her back so the financial burden is not all on me as it was her choice to move to dublin from portlaoise any advise would be greatly appreciated

msm22

thanks for comment i also have rent to pay 45 euro a week i have credit union loan at 27 a week with gas eletric food for myself and daughter, clothes etc not to mention all this comming up to christmas im struggling would i need to bring evidence of these such as items i have bought for my daughter ? my ex claims to be living alone but shes living with her partner she does not work and is claiming single parent allowance for my daughter i get no help im also taking ex back to court on he 16th because she is now stopping me taking my daughter to england to vist my family out of spite i was wonder if im entitled to ask judge if i can make my ex drop up my daughter and i can drop her back so the financial burden is not all on me as it was her choice to move to dublin from portlaoise any advise would be greatly appreciated

superstepmom2b

msm22 wrote: »

thanks for comment i also have rent to pay 45 euro a week i have credit union loan at 27 a week with gas eletric food for myself and daughter, clothes etc not to mention all this comming up to christmas im struggling would i need to bring evidence of these such as items i have bought for my daughter ? my ex claims to be living alone but shes living with her partner she does not work and is claiming single parent allowance for my daughter i get no help im also taking ex back to court on he 16th because she is now stopping me taking my daughter to england to vist my family out of spite i was wonder if im entitled to ask judge if i can make my ex drop up my daughter and i can drop her back so the financial burden is not all on me as it was her choice to move to dublin from portlaoise any advise would be greatly appreciated

You will need evidence of everything also include being able to set aside money fir Christmas and birthday of your daughter. If your ex drives etc there is no reason why she can't drop her down and you drop her back or that she meets ypu half way.

You have to.also understand that your daughter is with your ex 80% of the time so she has a higher cost potentiallying. Doctors, food, clothes etc etc so I wouldn't complain about how your struggling. Regardless if she is living with someone they aren't responsible for maintaining your child but her living bills would be lower.

She will need proof of her costs too. If she worked she would need to pay fir child care etc too. It's likely she won't be awarded anything given circumstances. But at the sane time you need to be of the mind whatever you give her is for her child. It's just coming to something that's fair as you need to provide for your child when she's with you.

msm22

thanks for your help im not trying to get the fact that i need to provide for my daughter i wont to provide for her i do my best on the little money i have on till i find work i love my daughter and shes the reason i stay is this country. thank you for your advice