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Child Allowance - Payable to mother or both parents?

  • 03-10-2010 12:33pm
    #1
    Closed Accounts Posts: 9


    Is the Children's allowance payable to both parents or just the mother? For example if a couple were to split and the children spent equal time with both parents, should they both be entitled to half the payment or does the mother have rights to the whole amount?


Comments

  • Closed Accounts Posts: 74 ✭✭analbeads


    usually its the mother but thats only because the mother usually has custody but in some cases its the father so it just depends on your family curciumstances.
    it dosent matter if both parents have the child 50/50, its who is seen as the custodial parent in the eyes of the law


  • Closed Accounts Posts: 9 itchybowwow


    What would be the definition of the custodial parent then? The one living in the family home for example?


  • Closed Accounts Posts: 74 ✭✭analbeads


    well the mother is unless youve gone to court and won full custody.
    can you give more info on your situation?


  • Closed Accounts Posts: 9 itchybowwow


    My wife has moved out, we have the kids 4 days each alternating. I am on the dole and am receiving the full childrens allowance. The dole and allowance combined covers our mortgage and my bills, with nothing left for my groceries. Her opinion is that the allowance (which covers half the mortgage) is paying her share, where my opinion is that I'm entitled to half the allowance, so she is in effect only paying a quarter the mortgage.


  • Closed Accounts Posts: 74 ✭✭analbeads


    My wife has moved out, we have the kids 4 days each alternating. I am on the dole and am receiving the full childrens allowance. The dole and allowance combined covers our mortgage and my bills, with nothing left for my groceries. Her opinion is that the allowance (which covers half the mortgage) is paying her share, where my opinion is that I'm entitled to half the allowance, so she is in effect only paying a quarter the mortgage.

    i think you should go to your local social welfare office and see if you can apply for lone parents allowance as it would seem that you are the main parent (in my opnion). your payment will usually be the same as what you are getting now but it would be better for you in the long term. in this situation i would think the child benefit should be split evenly and your wife pay her full share to the morgage
    • is you wife working or claiming social welfare?
    • is she paying rent/recieving rent allowance?
    • have you claimed your fuel allowance?
    • are you entilted to morgage interest releif?
    would you consider letting your wife live in the house and her keep the child benefit for the morgage and you claim rent allowance if you are granted lone parent allowance?

    i really think you should set up an appointment with a solicitor and find out everything you need to know


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  • Registered Users, Registered Users 2 Posts: 7,920 ✭✭✭cee_jay


    For one parent family you have to have your children more than 50% of the time. So if you have shared custody then neither of you would be entitled to claim it.
    Have you applied for mediation?

    I am moving your thread to parenting as it is mores maintenance issue than child benefit.


  • Closed Accounts Posts: 9 itchybowwow


    cAr0l wrote: »
    For one parent family you have to have your children more than 50% of the time. So if you have shared custody then neither of you would be entitled to claim it.
    Have you applied for mediation?

    I am moving your thread to parenting as it is mores maintenance issue than child benefit.

    I went to Citizens Information on Monday and I found out that the mother is actually entitled to the Child Benefit if she minds the children 50% of the time under Irish law. Apparently one of the only sections of Irish law that is gender specific.

    http://www.welfare.ie/EN/OperationalGuidelines/Pages/childben.aspx

    I would have just presumed that as we have the kids equally and I am on the dole, the moral road would be to give me half the Benefit for the children...

    Interesting listening to Pay Kenny this morning talking about Family law. Some great texts in that hit the nail on the head.

    "Only mothers love their children according to Irish Law"

    "Marriage is not a crime, and Fathers should not be punished as criminals"


  • Closed Accounts Posts: 74 ✭✭analbeads


    dose your wife recieve social welfare?


  • Closed Accounts Posts: 9 itchybowwow


    No, she's employed full time in a secure job.


  • Closed Accounts Posts: 74 ✭✭analbeads


    have you tried to come to some sort of arrangment regarding the child benefit eg. work out all your income and expenses on a spreadsheet and sit down with her and see if ye can split the benefit.
    the child benefit is a payment to help with the cost of kids not for her to pay her part of the morgage.

    it makes no sense......ok this isnt the same as your situation but when a mother brings the father to court for maintenance the childs expenses are added up for the year and then the amount of child benefit is taken out eg. if 1 child costs €75 a week which is €3900 a year which you minis €1800 a year child benefit which comes to €2100 a year which is €40.84 per week to support 1 child and then that amont should be divided by 2 so each parent should be paying €20.19 a week. the child benefit, benefits both mother and father in this situation so i dont understand why your case should be any different

    i really think you should go to yor local welfare officer and have a chat with him/her and see if you may be entilted to anything else and explain my above point

    hope i havent confused you


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  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    No, she's employed full time in a secure job.

    If this is the case then if/when you are legally seperated, if you retain custody of the family home/children, then you can apply for maintenance from her for yourself and the children if you are unemployed, or the children if they live with you in the family home.

    It's unusual but does happen.


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    My ma and dad have split up. My da has moved out so myself and 2 brothers live in our house with my ma while my da still pays mortgage! I am 17 and I want to know is there any quote or limit that I should get of either my ma or da for money? Who gives me my allowance and much should it be? Thanks


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