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maintenance amounts?

  • 19-08-2010 3:58pm
    #1
    Wisco
    Registered Users, Registered Users 2 Posts: 637 ✭✭✭


    Just curious here, but wondering how maintenance amounts are figured out- have a friend who is going through a separation and earns just under €22k/yr whereas the ex is unemployed. Marriage lasted only about 4 years, no house or big assets or kids. Is maintenence likely to be granted? And if so, how much can be given? Is it possible to appeal this sort of thing if it is granted?
    Any thoughts are appreciated, as you can imagine, my friend is rather anxious about all this.


Comments

  • #2
    detective
    Registered Users, Registered Users 2 Posts: 444 ✭✭detective


    If there's no kids or there isn't one party who has left the marriage with considerable more assets (which were gained prior to or during marriage) then I can't see why he'd pay any maintenance? I'm no expert in civil law but if that was the case they'd both be paying maintenance to one another if they both left the marriage in the same financial shape?


  • #3
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    AFAIK there are maintenance payments for both spouse and children. I believe the spouse would have to make an application to the courts for this and show why they are deserving of a maintenance order.


  • #4
    Wisco
    Registered Users, Registered Users 2 Posts: 637 ✭✭✭Wisco


    OisinT wrote: »
    I believe the spouse would have to make an application to the courts for this and show why they are deserving of a maintenance order.

    This is exactly what's happened- was just wondering about the liklihood of it being granted in the situation explained above from others' experiences.


  • #5
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Wisco wrote: »
    This is exactly what's happened- was just wondering about the liklihood of it being granted in the situation explained above from others' experiences.
    It would be impossible to guess without all the info. Clearly the one spouse is going to have many reasons why she needs money and the other is going to counter with reasons why she doesn't and/or why he cannot pay.

    It will really depend on things like the length of marriage, the level of dependence, the ability of the spouse looking for maintenance to get a job, etc.
    It will get hashed out between the parties and the judge will have to decide. AFAIK a short marriage with no children and relatively young spouses will rarely result in maintenance order - again it is totally dependant on the facts, so this isn't really anything to rely on.


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