Suing father over maintnance?

LegacyUser

Im 18 and my parents separated over 4 years ago. my father signed an agreement stating he will pay 500 euro a month for me and my sister but hasnt paid at all. he can afford trips to italy and new cars but he wont pay the maintnance. he owns his own business. my mother is scared of him and wont do anything about it.

i was wondering if i can sue him for all the payments missed? my sister is in secondary and im in college which is why we need extra money since my mum isnt earning that much. mods do move to the legal forum if possible. thank you.

The Recliner

Moved from PI

eagle_&_bear

Frustrated11 wrote: »

Im 18 and my parents separated over 4 years ago. my father signed an agreement stating he will pay 500 euro a month for me and my sister but hasnt paid at all. he can afford trips to italy and new cars but he wont pay the maintnance. he owns his own business. my mother is scared of him and wont do anything about it.

i was wondering if i can sue him for all the payments missed? my sister is in secondary and im in college which is why we need extra money since my mum isnt earning that much. mods do move to the legal forum if possible. thank you.

Without getting into an advisory capacity, in general, the 'agreement' between your mum and your dad remains enforceable by them only as you and your sister are privitous to the contract.

Taking into account your ages, you may or may not have standing in the courts of this land. Unless there's an exception to the general law on privity to contract, I dont think you can claim.

I'll look and see if there's an exception. I'm sure there are cases on this. Off hand I dont know if they have succeeded. In any event, depending on what the 'agreement' is, you probably will have to go through the family law courts. You'd simply claim breach of contract

I'll have a look and PM you.

Also bare in mind, maybe it would be too painful for your mum to engage in yet another legal case and maybe she simply wants to be free/away from your dad. While I know this is a very emotional issue for you all, and I dont want to trespass on that issue at all, maybe your mum simply is not in a position to deal with it. You might also have to think that if you engage the matter, you'll drag her in and maybe further upset her? just food for thought. I dont know your situation nor should it be discussed on any public forum but just think about it.

dermot_sheehan

S. 5 of the Family Law (Maintenance of Spouses and Children) Act 1976
(1) ( a ) Subject to subsection (4) of this section, where it appears to the Court, on application to it by a spouse, that the other spouse has failed to provide such maintenance for the applicant spouse and any dependent children of the family as is proper in the circumstances, the Court may make an order (in this Act referred to as a maintenance order) that the other spouse make to the applicant spouse periodical payments, for the support of the applicant spouse and of each of the dependent children of the family, for such period during the lifetime of the applicant spouse, of such amount and at such times, as the Court may consider proper.
( b ) Subject to subsection (4) of this section, where a spouse—
(i) is dead,
(ii) as deserted, or has been deserted by, the other spouse, or
(iii) is living separately and apart from the other spouse,
and there are dependent children of the family (not being children who are being fully maintained by either spouse), then, if it appears to the Court, on application to it by any person, that the surviving spouse or, as the case may be, either spouse has failed to provide such maintenance for any dependent children of the family as is proper in the circumstances, the Court may make an order (in this Act referred to as a maintenance order) that that spouse make to that person periodical payments, for the support of each of those dependent children, for such period during the lifetime of that person, of such amount and at such times, as the Court may consider proper.