Does the calculatin of maintenance take each other's earnings into account

Mutley2009

Hi all, I'm looking for some advice here from separated parents or from a solicitor. I have custody of our 4 year old to date we have split the childcare costs 50/50, the remainder of the costs are paid by myself.

He will be starting school in September, so the costs of day care will reduce by almost a half - I imagine the associated costs of school will be quite high. What I am wondering is what obligations does the father have in terms of costs? He earns 2/3 times as much as I do, so should he just pay half? or should maintenance be granted on pro rata basis? I just want it to be fair. As it stands as present on my wages paying a mortgage, child care etc. is very tough - So where do I stand?

mountainyman

Maintenance is based on his earnings. If he paid all Creche fees would that be reasonable?

Mutley2009

Yes I think that would be acceptable, I highly doubt he will agree! and I really don't want to go down the legal route - such a waste money. We have quite an OK relationship now, mainly due to the fact that I have accepted the maintenance he currently pays, I imagine this will set the cat amongst the pigeons. If I put it to him that he was leagally obliged to pay more of a share than he currently does, then I think he would agree. But where can I find that info?

Mutley2009

I should also mention that we were not married, do that have an affect?

Nevyn

This site can not give legal advice.

Whynotme

Maintenance is for all child rearing costs. To work out those costs try using the spreadsheet on Solo.ie. This will give you some idea of what should be paid in maintenance.

donutheadhomer

mountainyman wrote: »

Maintenance is based on his earnings. If he paid all Creche fees would that be reasonable?

it should be 50% of whatever it costs to maintain the child.

The Corinthian

Mutley2009 wrote: »

He earns 2/3 times as much as I do, so should he just pay half? or should maintenance be granted on pro rata basis?

There are three factors taken into account. The costs associated with the child, the income of both parents and the outgoings of both parents.

This means that even if he is earning 2 to 3 times as much as you, his expenditure might be such that it closes the gap significantly. Of course, a judge will not entertain all expenditure as valid - taking five foreign holidays per year would be shot down instantly, for example. Expenses that would definitely considered include mortgages, loan repayments and any other dependants he may have (other children, spouse, etc).

Ultimately though this is assessed by a judge, who has a significant amount of latitude on the subject and both mothers and fathers will testify to some of some of the crazy figures (both high and low) that have been awarded upon occasion.

Finally, unless he's on a lot of money (don't ask me what that means in practice), maintenance is capped at district court levels of €150 p.w.

My advice is to allow him, where possible, to pay directly for things. Fathers are far more willing to pay more when they feel they have some control over the payment and are not simply handing over cash.

MojoMaker

For the record school ends up being a lot cheaper per month than childcare unless you are sending the child to a fee paying school in which case the sky really can be the limit.