Moved in with new partner, no more OPF...

silly

Is there anyway I can still get OPF even though I am now married to someone else?
Is my new husband supposed to support my daughter.
I signed off 2 yrs ago when we moved into together. But not long after my ex stopped paying maintenance. I'm struggling now as I pay half of all bills but I support my daughter on my own, I don't want my husbands money for her ( some people think I an only with him for his money - not true)
My ex won't pay the maintenance as I'm married now, so she's not his responsibility now.

Am I entitled to anything?

eastbono

silly wrote: »

Is there anyway I can still get OPF even though I am now married to someone else?
Is my new husband supposed to support my daughter.
I signed off 2 yrs ago when we moved into together. But not long after my ex stopped paying maintenance. I'm struggling now as I pay half of all bills but I support my daughter on my own, I don't want my husbands money for her ( some people think I an only with him for his money - not true)
My ex won't pay the maintenance as I'm married now, so she's not his responsibility now.

Am I entitled to anything?

You are no longer entitled to OPF once you are co-hab or married even though the person you co-hab with or are married to is not the father of your daughter. Your daughters father should still be paying maintenance for her. You should go to the courts and seek maintenance.

You and your husband could apply for family income supplement. Details in following link.

http://www.welfare.ie/EN/Publications/SW22/Pages/1WhatisFamilyIncomeSupplement.aspx

silly

Thank you for your response.
I have been in and out of court for the last 8 yrs re maintenance. It's next to impossible. Ex told me that if I take him to court again he'll make sure that my husband will also be brought to court to declare his earnings. This is something that I really don't want, my husband is a very private man and it would not be fair to have him dragged through the court.

Balagan

If you want any kind of social assistance payment from the state such as Family Income Supplement you will be means tested. That means testing will also take your partner's income and assets into account and he will therefore have to declare and disclose them.

silly

Balagan wrote: »

If you want any kind of social assistance payment from the state such as Family Income Supplement you will be means tested. That means testing will also take your partner's income and assets into account and he will therefore have to declare and disclose them.

I'm aware of that.
What I said was I don't want my ex taking him to court to declare his earnings.

mp22

eastbono has outlined the benefits that you might be entitled to above,as for your ex expecting your husbands income to be discussed in court I would not think so.It is his responsibility to pay for the upbringing of his daughter.

The legal form should be able to offer you more advice on this

http://www.boards.ie/vbulletin/forumdisplay.php?f=633

skippy2

Is it not the case that a father (your ex in this case) is legally obliged to support, ie pay maintenance, to their children and that this can be enforced.
I don't think your husbands income is of any concern in this case. Maybe I am wrong
He should definitely be paying you maintenance and the courts should enforce this
I hope you can get it sorted don't give in to his threats.
Is there any way revenue can help in this case where someone refuses to pay maintenance, maybe someone else can advise on this

If you are married you are not entitled to OPF

silly

Thanks skippy but the court system is pretty messed up.
It has been going something like this for the last 8 yrs.
I get onto the court clerk re non payment of maintenance and get a court date
Take half day from work sit in court room for 3+ hrs.
Get called to swear that I am owed arrears
Warrant goes to his local guards to get money he owes. ( meanwhile arrears are increasing)
His local guards can't find him....or get money from him.
I go back to court clerk tell them this
Ex is summoned to court, (another half day from work for me while he is on the dole and working cash in hand) ordered to pay maintenance plus so much off the arrears per week. ( one day he was threatened with jail if he didn't come up with money there and then)
He pays for about 6-8 weeks.
Back to square one.

angelfire9

Go back to court and ask for a lien against his dole payment which means the maintenance awarded to you will be deducted directly from his dole & paid to you by DSCFA
It can be done all you have to do is ask!
I know going in & out of court is a pain in the neck but it is your ex's responsibility to maintain his daughter (or at least contribute to maintaining her) your husband's income is not an issue

Good luck

skippy2

Also if he is getting paid cash for work report him to revenue and social welfare.

maryk123

if you are married you are not a lone parents????????????

also you cant get maintenance deducted from social welfare payments.

friend of mine recently went to court and i went with her it was unbelievable how many people are following maintenance. to be honest i felt humiliated for her it is just awful for people - someone doesnt turn up and its deferred and this just seems to go on - like your post my friend was awarded maintenance arrears and judge said have it here by next tuesday or jail so following week he pays arrears and then starts new case cos he cant afford it and it all starts over again.

if you are married and starting a new life did your husband not know this before you married him that you had a child in your life that has to be taken care of.

I felt from watching my friend in court last week that she will never move on she will always be in court following him. If you can afford it let him off and move on because it will never stop.

my friend is constantly talking about her exhusband and what he does she folllows him for information etc for court and her new husband of couple of years listens to this its like 3 in a marriage i cant see her ever moving on.

hope i didnt go too much off topic

Daisy M

While I think your husband should be paying maintainance Mary puts farward a very good point. You seem very anti your new husband paying anything towards your daughters up keep, maybe you need to step back and rethink this. You are happy for him to share your daughters life, live in the same house and lets hope he will love and care for her too (imho this should be a must). What would be so wrong for him to help out his family? Who cares what other people think you didnt marry them and neither did your husband, if he can afford to and wants to help you then swallow your pride, how would you feel if the shoe was on the other foot would you not want to help him. I like Mary know a couple of ladies where there lives are taken over pursuing their childrens fathers for maintainance, its so unfair. One of these ladies is in a new relationship for a long time but they both say going to court has taken over their lives for the last 10 years unfortunatly they cant manage without the exs child support.

Please dont think I am condoning your exs behaviour I am not but he obviously gets a kick out of stringing you along and has no real regard for his daughters care. Best of luck.