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How is this possible

  • 02-05-2012 8:34am
    #1
    Registered Users, Registered Users 2 Posts: 43


    Hi all,

    I'm at a lose for word to describe what has happened to my family. Brief history, my partner and I have a 9month old gorgeous baby and his has 3 children from a previous relationship that spend a fair amount of time with us, not as much as we would like but better then some fathers get.
    He has been out of work for a while now and paying €100 euro per week out of his social welfare in maintenance. I have been out of work since the baby was born and with the help of family and rent allowance we just about got by.
    I got a full time job last month, delighted! Finally some light at the end of the tunnell right??? WRONG!
    We did the right thing and told the social welfare I had secured a job. And what do they do? They cut of my partners social welfare because I'm working and we are "cohabiting" so he is not entitled to a single penny! I just can't believe it. They will only take into account my gross income, they ignore that a large portion of my salary goes on tax, prsi and usc. And they ignore the fact that I've to travel 100km each way to get to work so with diesel and tolls it costs me around €140 a week just to get there and back. And they ignore the fact that he has court ordered maintenance to pay out of that dole payment. It was cut off with no notice and he is still expected by law to pay maintenance out of his €0 income until it goes back to court- which could be September after the courts close for the summer because of the backlog! And we have already been told that if he does not uphold the payments until the variation is heard that he can be locked up for breeching the court order if he can't cover the arrears, and this is likely to happen and will soley come down to the judge on the day. How is that just? As it stands we can't afford car tax, there is no home heating oil in the house (with a 9month old baby and three other children there also) and the community welfare officer told us in no uncertain terms that we are entitled to NOTHING because I'm working, they wont even look at it.
    The social welfare system appeals are taking over 6 months, what the f are we going to do, in tears typing this at a lose, getting a job is the worse thing thats ever happened to us.
    Oh and the more sickening thing is I called the revenue to try and claim my partners tax credit as they have made him completely dependent on me and what was I told "sorry your only cohabiting, your not married so your not entitled to anything". Talk about double standards, "only cohabiting" was good enough for the department of social to cut him off but not good enough for the revenue.
    He was in the depths of depression as it was with not working and now....
    I just can't take much more of this


Comments

  • Registered Users, Registered Users 2 Posts: 380 ✭✭gigawatt


    hickory99, thats terrible, you sound really at the end of your tether :( I'm not sure about the ins and outs of welfare as it applies to cohabiting couples, but, if you are really struggling you could contact the Vincent De Paul and they will do their best to help you in a practical way. Maybe approach the local citizens information office to see if they know of anything you can apply for that might help.


  • Registered Users, Registered Users 2 Posts: 9,626 ✭✭✭wmpdd3


    it really is catch 22,

    we were the same but without the maintance problem.

    you could apply for fis, but oit takes ages.


    are you sure your partner is on jsa? how long is he out of work? if he has worked for a few years before he lost his job he should have enough prsi contributions to clain jsb which isn't means tested.

    if he would do a course, he would get full payment, ie 188 euro. have a look at btea.

    not sure if you still get full payment for fas courses but worth asking. of course the catch is, he's probably your childminder.


  • Moderators, Education Moderators, Society & Culture Moderators Posts: 19,019 Mod ✭✭✭✭Moonbeam


    Yes , they have it both ways to suit themselves.
    Apply for fis and a medical card.
    He probably needs legal advice about the maintenance issue.


  • Closed Accounts Posts: 1,787 ✭✭✭edellc


    Completely feel your pain OP they do have it both ways and it makes me sick, depending on your salary you may be able to apply for a medical card and family income support, this you will find out through your local health centre and welfare office respectively

    peace and loved OP Im at a loss as to what to say to you as I know their is no help for you unless you walk out of your job which I know is the wrong advice to give but unfortunately its the way out fcuked up welfare system works


  • Closed Accounts Posts: 7,197 ✭✭✭daenerysstormborn3


    Your partner should be eligible for free legal aid but the catch here is that even if he does get a solicitor involved it really depends on the solicitor's experience and family law knowledge whether he/she can achieve anything in the way of a freeze or even a reduction on maintenance payments.

    You would expect Judges and the court system to be somewhat understanding and lenient in the current climate with so many people losing jobs and out of work etc. but unfortunately I have not seen much understanding in maintenance cases like this one, particularly where the person paying the maintenance has gone on to have further children (this is rarely looked upon favourably).

    In the legal system when a person dies their assets are split equally between their children but when they are alive the legal system imposes a very uneven split, in your partner's case he is probably being forced by the court to pay more to his 3 children from his previous relationship than to the child he has with you.


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  • Registered Users, Registered Users 2 Posts: 26 glagirl


    hickory99 wrote: »
    Hi all,

    I'm at a lose for word to describe what has happened to my family. Brief history, my partner and I have a 9month old gorgeous baby and his has 3 children from a previous relationship that spend a fair amount of time with us, not as much as we would like but better then some fathers get.
    He has been out of work for a while now and paying €100 euro per week out of his social welfare in maintenance. I have been out of work since the baby was born and with the help of family and rent allowance we just about got by.
    I got a full time job last month, delighted! Finally some light at the end of the tunnell right??? WRONG!
    We did the right thing and told the social welfare I had secured a job. And what do they do? They cut of my partners social welfare because I'm working and we are "cohabiting" so he is not entitled to a single penny! I just can't believe it. They will only take into account my gross income, they ignore that a large portion of my salary goes on tax, prsi and usc. And they ignore the fact that I've to travel 100km each way to get to work so with diesel and tolls it costs me around €140 a week just to get there and back. And they ignore the fact that he has court ordered maintenance to pay out of that dole payment. It was cut off with no notice and he is still expected by law to pay maintenance out of his €0 income until it goes back to court- which could be September after the courts close for the summer because of the backlog! And we have already been told that if he does not uphold the payments until the variation is heard that he can be locked up for breeching the court order if he can't cover the arrears, and this is likely to happen and will soley come down to the judge on the day. How is that just? As it stands we can't afford car tax, there is no home heating oil in the house (with a 9month old baby and three other children there also) and the community welfare officer told us in no uncertain terms that we are entitled to NOTHING because I'm working, they wont even look at it.
    The social welfare system appeals are taking over 6 months, what the f are we going to do, in tears typing this at a lose, getting a job is the worse thing thats ever happened to us.
    Oh and the more sickening thing is I called the revenue to try and claim my partners tax credit as they have made him completely dependent on me and what was I told "sorry your only cohabiting, your not married so your not entitled to anything". Talk about double standards, "only cohabiting" was good enough for the department of social to cut him off but not good enough for the revenue.
    He was in the depths of depression as it was with not working and now....
    I just can't take much more of this

    And they wornder why people lie...how long will it take the gov to cop on to this and the difficult suitation that they are putting familys in. They put decent people in an unpossible suitation..lie and and have a enough money for food and basic living or tell the truth and then they will turn their back on you. Sorry you find your self in this suitation, the only advice i can give is put in for FIS but that takes ages. V' De Pauls is also worth having a chat to, they might be able to give you a hand. Also give citizens advice a ring and they will give you proper advice.


This discussion has been closed.
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