Child Maintenance

bambi_on_ice

Hi,

I have a question regarding child maintenance.

I have recently moved in with my girlfriend and her daughter (6 years old).

The childs father was paying for the childs after-school payments for the past two years which were 133 a week and he took her on Saturdays. Now my girlfriend has got a new job where she has Monday and Tuesday off and the fathers mother minds the child on Wednesday night, so the mother does not need afterschool on Monday and Tuesday anymore, only Thursday and Friday which will reduce the afterschool to 42 euro a week (not counting school holidays). The father now thinks that he should only pay the 42 euro a week.

He's constantly saying he has no cash yet has just moved appartment and is paying an extra 200 (1200) a month for a two bed, and cancels his saturday night duties often to satisfy his social needs while were stuck in and struggling. To top it off he is now insisting on her signing a joint guardian form. His brother is a solicitor and he threatens my girlfriend about taking her to court and that he'll get what he wants. This is why I have no sympathy for him and, to be honest, would like to kick the crap out of him.

So my question is (finally after that rant!), how much should be be paying considering her takes her 2 nights a week and is on a salary of roughly 28-30K. Your help would be appreciated and would help to decide whether we should just accept what he says or go through a more formal arrangement.

Thanks

Nevyn

Well you have to try keep out of it as much as possible while trying to support your partner I know it's hard.

Why should he not have guardianship? He is the child's father and in her life and takes some responsiblity for her so tbh he should have guardianship and yes if it goes to court
it would be up to the child's mother to try and give very good reasons for guardianship to be denyed.

As for maintance it tends to be that if there is an informal arrangement that the parents have come to and they can find away to adjust it themselves it is for the best and if that fails then it means going to court and returning to court everytime there is an amendment to be made.

The maximum the district family court will award is 150 euros per week but can award as little as 20 euros a week depending on circumstances. There is no set sliding scale or formula tbh like there is in the uk.

I do think that equating his maintince payments with the childcare was an error tbh
as he is ment to be paying his part for the general upkeep of the child and not for childcare and that is something he needs to understand.

The cos of the child per month should be calculated and plit down the middle and he should pay half.

If he has his daughter even 1 over night a year he can claim single parents tax allowances and that should help with the offset.

Shallow_Grave

OP dont get physically involved as it will reflect badly on your girlfriend and give the father more ammo.

Im a seperated father and was on just under 35k per annum and I paid 120 euro per week all in as decided by the court.

the maintaince is based on income(wages investments )etc.so if he loses his job the money will be lowered( 2 of my mates are paying 25 per week,but only get 204 on the dole.)

would advise your GF to go and get free legal advice at her nearest citizen bureau,
http://www.flac.ie/gethelp/legaladvicecentres.html

hope this helped

Edit:also as the poster mentioned above the father is entitled to single parent allowance and also I think the mother is too(could be wrong so dont quote me on it)

bambi_on_ice

Thanks for the reply.

I have no problem with the guardianship, he is entitled to that after all. What I do have a problem with is that he is trying to reduce payments based on changing circumstances. Both me and my girlfriend will be taking our holidays based on the childs so as not to incur "care" costs and he sees this as a way of him paying less. He is trying to dominate and control the situation with threats and aggression (which I dont take kindly to). He intimidates my girlfriend and while I try to stay out of it, i will not be taken for a fool. I pay a lot towards the childs upkeep and make sure she gets the latest and greatest (something which he gives out about).

If 50 a week was considered legally fair, we would accept that without any complaints, but I hate that he is trying to bully my girlfriend with threats about what he can do.

Hes interest in his daughter has only materialised since we moved in together as she sees me as another father figure. Before this it was like pulling teeth to get him to take her. I'm not trying to see anyone run into the ground here, I just want whats fair and to put a bully in his place.

Kildrought

the father is entitled to single parent allowance and also I think the mother is too

Both parents are entitled to claim additional Tax Credits in respect of being a Lone Parent. (www.revenue.ie)

However One Parent Family Allowance (Social Welfare payment) can only be claimed by the primary carer and is subject to various terms & conditions. (www.welfare.ie)

Dublin_Gunner

Well, though imo its not your position to say, your partner could quite easily go and get a maintenance order enforced.

I have a child with my ex partner, and I currently pay €350 per month, plus my daughters health insurance.

It is very unlikely he will get 'everything he wants' if he goes to court. Trust me, been there, done that. It generally boils down to a compromise on both sides - but tell her not to put up with ANY bullying from his solicitor brother. He is obviously just trying scare tactics.

In fairness though - is there any reason she shouldn't just sign the joint guardianship form?? All fathers should be entitled to that IMO, and it is unfair of her to request maintenance in one breath, but not give him the satisfaction of being his own childs legal guardian (this in my experience seems to be an all too common occurrence with a lot of single mothers in this country).

Maintenance (as was stated) is not about child care costs, its about providing funds for the general upkeep of the child, whether those costs be food, clothing, your rent/mortgage, bills, toys or trips to Disneyland. They are all costs that are associated with, and needed for, the child(ren).