Single mother entitlement..

CrazyMel

Looked for a section to put this in but couldnt find one.

(Thread for a friend)

She need some help on this:-

Spilt from her partner of ten years

Single parent for the last two months

She has two children Girl 10 and Boy 6

Moved in with partner over a year ago into house he built (his name is only on mortgage)

Moving out to rented accomadation without rent allowance.

His paying €30 per child weekly for the last month

His on over €650 weekly but gets paid monthly

What would her entitlement be for the two kids as it seems he should be giving more?

Went to Citizen Information and they said he should be giving €150 weekly? but went to Social Welfare and they said to get maintenance they would have to go to court.

Any help would be great, thanks.

Sleepy

There's no set amounts.

Big thread on Court Ordered Maintenance Payments in the Parenting forum: http://www.boards.ie/vbulletin/showthread.php?t=2054979083

Assuming she's not working: details on One-Parent Family Payment entitlements here: http://www.citizensinformation.ie/categories/social-welfare/social-welfare-payments/social-welfare-payments-to-families-and-children/one_parent_family_payment

She's also almost definitely entitled to Rent Allowance as well which would generally help cover the cost of reasonable accomodation for a mother and two children.

Remember that any maintenance she receives from ex-partner would reduce her welfare entitlements.

Silverfish

Moved from tLL, hopefully more suited to here.

CrazyMel

Are you sure theres no set payments as Citizens Information said to her she was supposed to be getting €150 weekly?

She's not working. The house she has got doesnt do Rent Allowance which is grand by her...She has (I think) applied for Job Seekers Allowance...

Thanks for moving the thread hopefully more will have more information..Thanks

Sleepy

Citizens information can only give a guideline amount as (rightly) there are no hard and fast rules about maintenance payments.

If the landlord of her current house won't take rent allowance, she should move to one which will tbh. I'm sure there are very few landlords who wouldn't change their mind on that policy in this market if she let them know she was prepared to leave otherwise - if they threaten to sue over breach of lease if she does tell her to stand firm - there's no point suing someone who has no means to pay you.

The Corinthian

Right, firstly a few deductions based upon the details listed:

• The couple are not married.
• The man is the father of both children.
• The woman did not pay rent or otherwise contribute directly to the cost of the house.
• The man is employed (earns nett €650 p.w.), has a mortgage and other overheads (loans, car, etc).

Please correct me if any of these are incorrect.

Legally there is no limit to how much he can be directed to pay in child maintenance, however in the majority of cases it will be handled at the district court level, which sets a limit of up a maximum of €150 per week per child. Thus, unless he is unemployed and/or suffering crippling debt, €30 per week per child seems quite low.

I can't guess at what he should be paying, as this is dependant on both your incomes and expenditures, as well as any expenses he is already paying directly for the children (e.g. school fees). Given this, it while it could be more, it could easily not be that much more if he's only bringing in c. €2,600 p.m.

She has no claim on the house - if she was paying rent or paid towards work done on it, she might, but it would not be easy to win in court.

With regard to accommodation, she could look for new accommodation as Sleepy suggested or even apply for emergency housing.

She should also apply for Lone Parents rather than Job Seekers Allowance.

If relations are in any way good between them I would look at the possibility of him renting his home to her, moving out, accepting rent allowance and paying maintenance out of that. It could work out financially better for everyone in the long term and also allow the children to continue living in their family home. Lot's of 'ifs' there, but no harm in checking.

bulmersgal

she'd be best off going to citizens advice centre and they should be able to work out what she should be getting. Maintenance can vary. But she should apply for lone parents also she would be able to get half rate jobseekers benefits as well as lone parents. She should go to local council and ask to be put on the housing list then go to the communtity welfare officer and ask for rent allowance. Even if she has to move house its better to get the few extra bob in her pocket then to give it to a landlord.

Nevyn

There is a state benefits forum here http://www.boards.ie/vbulletin/forumdisplay.php?f=861

http://www.citizensinformation.ie/categories/birth-family-relationships/parenting-alone
Has a range of information, which will be helpful, but she should go see her local welfare officer.

The dept of Social Welfare can say what they like about court but they can't take a parent to court for maintenance the custodial parent has to take the other parent to court, they will how ever pressurize both parents to get a legal maintenance order in place.

Have they tried mediation? http://www.fsa.ie/services/

CrazyMel

Thanks for all your help, much appreicated

irishecomom

I went to court and got €50 and he stopped paying after few weeks. Dont waste your time I say!