Maintenance Variation

oOjimbobOo

Ive looked through most of the threads and I cant find anything quite like what I need help with, but Im hoping that someone out there might be able to share their experiences or point me in the right direction.

I am the father of 2 who seperated in 2001 and in 2002 went through Family Mediation to help agree child maintenance, access and to work through other small issues and found the process very helpful. Maintenance was agreed with my ex wife in advance and was low as I had a low wage. I have stuck to the agreement since.

In 2007 I applied for a divorce and used the mediated agreement as the basis of the decree. The judge wasnt too happy with the amount I was paying in maintenance, but, as my ex was happy with the amount and the fact that in the previous 5 years I had stuck to it, he let it stand. In the 5 years since, I have remarried and relocated to another European country. I am now expecting a child with my new wife.

The job I have now pays almost exactly the same amount I was paid back in 2002. Over the course of the 10 years I have ensured that I have increased the payments well over the rate of inflation to the point that the maintenance is now roughly 25% over what I should be paying her if I had stuck rigidly to inflation rates alone.

Parental leave in the country I live in is vastly different from that in Ireland, as too is childcare. My wife will take 12 months parental leave @ 50% salary, as childcare only starts at age 1 and we do not have family we can call upon to childmind. Which means there will be a hell of a lot of pressure on my salary.

I had contacted my ex and asked her to consider a 25% reduction in maintenance until the parental leave is complete, but she is having none of it. She was recently made redundant and now works part-time. Although both children are over 18 years, one is in college. Both are still living at home. I understand that its not the best time to seek a reduction from her point of view, but I cant see a way of avoiding it.

I can seek a Maintenance Variation through the courts, but that in itself will involve me attending in person to first apply, and then to appear, with all the travel costs (at least €400 round trip) that will involve with no guarantee it will be agreed by the judge (although I do feel that I have pretty good grounds for a reduction). If I drop the amount without agreement I can expect a court order as it will be me who breaks the terms of the divorce.

I dont think that a 25% decrease for a specified period is too much to ask for under these circumstances, its not like I want to stop paying altogether. Really stuck between a rock and a hard place with this one. Thanks for taking the time to read.

Orion

What exactly are you asking here? If you're asking the likelihood of a judge agreeing with you and reducing the maintenance then I don't think anyone can answer you. There are way too many factors involved. But if your Ex is saying no then I don't see any other option for you.

Congrats on your impending arrival

cbyrd

Does maintenance not finish with child benefit? when a child reaches 18 or finishes full time education? (23)

oOjimbobOo

Im trying to see if there are any other suggestions on how to approach this.

I have looked at the courts website and its not helpful. All I can find is the actual legal document of the Variation with no explaination on how to request a sitting at the court.

It states that I as an applicant should reside within the courts district, but I live abroad. Should I be applying for a reduction from the agency where I reside?

@ Orion - Thanks for the congrats

@ Cbyrd - One child is Under 23 and in College

Offy

Was the amount agreed on based on two children? If so only one is in college so you could reduce what you pay by 50% and no court could rule against you. The fact that that child (adult now) is still living with the mother is not relevant.
If your only paying maintenance on one child now then going to court might not be the best of ideas. Work out the est. cost of going to court and then subtract it from what maintenance you will pay until the child turns 23 or finishes studying. If the result is a large enough sum then going to court might be the best option.
Also bear in mind that its every parents responsibility to pay for their childrens education. Ask yourself what effect not paying maintenance would have on your children. Its up to you at the end of the day but nothing is guaranteed with a court case.
Best of luck with the new baby.

oOjimbobOo

Offy wrote: »

Was the amount agreed on based on two children? If so only one is in college so you could reduce what you pay by 50% and no court could rule against you. The fact that that child (adult now) is still living with the mother is not relevant.
If your only paying maintenance on one child now then going to court might not be the best of ideas. Work out the est. cost of going to court and then subtract it from what maintenance you will pay until the child turns 23 or finishes studying. If the result is a large enough sum then going to court might be the best option.
Also bear in mind that its every parents responsibility to pay for their childrens education. Ask yourself what effect not paying maintenance would have on your children. Its up to you at the end of the day but nothing is guaranteed with a court case.
Best of luck with the new baby.

Thanks for the congrats

The initial agreement was for both children, but I just continued with the same amount. I knew it was low and I never considered reducing it because of this. I dont want to stop paying, just need a 12 month breather because I know that money will be impossibly tight. This is why I was hoping for an agreement with the ex.

Offy

oOjimbobOo wrote: »

Thanks for the congrats

The initial agreement was for both children, but I just continued with the same amount. I knew it was low and I never considered reducing it because of this. I dont want to stop paying, just need a 12 month breather because I know that money will be impossibly tight. This is why I was hoping for an agreement with the ex.

Based on my life I wouldnt feel any guilt either way. Ive raised three kids on my own since 2000 and never received one cent in maintenance. People adopt, they learn to live with what they have, I did and now, years later Im all the better for it. I spent 16 months living on €124 a week, when I first went to college. It was difficult but thanks to Idle's we got by. Now that I have a relatively good income it feels like Im rich. If I got maintenance I probably wouldn’t have gone to college. I went because I could afford childminding during the summer months and the college holidays match school holidays.
You have a new baby coming and that has to get some level of priority. Your other kids already have clothes, personal items, etc. The baby doesn’t. Sometimes families have to make sacrifices for a baby. If your ex doesn’t understand this then that’s her problem, why let it become your problem. I would tell my ex that Im only going to pay maintenance for one child any more. If she then took me to court I would cross that bridge when I come to it. No point in worrying about something that might never happen.

James Jones

Offy wrote: »

The fact that that child (adult now) is still living with the mother is not relevant.

I disagree. The young adult would have some obligation to contribute to the household and so this could be used as a factor to reduce maintenance.

Offy

James Jones wrote: »

Offy wrote: »

The fact that that child (adult now) is still living with the mother is not relevant.

I disagree. The young adult would have some obligation to contribute to the household and so this could be used as a factor to reduce maintenance.

As hes not working and has no income I dont think a judge would see it that way.

snor

It could also be argued in court that you chose to have another child in this new relationship and so knew the costs involved and hence the financial pressure this would involve. The fact that you have chosen to have a third child should not mean the first two children (an ex wife if sposal maintenance is involved)should suffer financially esp since they were not receiving much mainrenance to start off with.

Moonbeam

Here is my 2 cents...


DO you have contact with your kids?Have you spoken to them about it?
DO you pay mainteneance for the child over 18 not in college?

I don't think your college going child should have to suffer financially because you know have a 2nd family and that you should keep paying as agreed the amount agreed.
If you pay more then the court ordered amount talk to your solicitor,if your ex wife will not co-operate it maybe that you can legally reduce the amount to the agreed amount.

The Corinthian

Firstly, I'd presume that the original child maintenance order was made for both children. Secondly, child maintenance is a duty of the non custodial parent only until the child reaches 18, or 23 if in full-time education.

However:

• Strictly speaking you can't simply stop paying and you would have to go to court to seek a vacation or variation (as there's still one child) of the order. Given this, I'm not sure how seriously this is enforced, only that it is a legal technicality.
• That only one child now qualifies does not imply that maintenance may be simply halved. In most cases maintenance is treated as a sliding scale that decreases per additional child, regardless of the official maximums per child.
• If the only reason the child is not in full-time education is financial, they may seek maintenance to pursue full-time education. Naturally, if such levels of additional maintenance are not possible and they cannot pursue full-time education, then they are not entitled to maintenance any more once they reach 18.

Moonbeam wrote: »

I don't think your college going child should have to suffer financially because you know have a 2nd family and that you should keep paying as agreed the amount agreed.

Even in a happy, two-parent, family, a child will inevitably 'suffer financially' when a brother or sister appears on the scene - inheritance being the ultimate example of this. It is a little unrealistic to expect otherwise in life.