Pursue Maintenance?

borisboo

I'm an unmarried and seperated mother of two children (7+3). Having been to court seeking maintenance, I have been informed by my solicitor that the new judge will not grant a maintenance order if the non-custodial parent is claiming social welfare. Is this legal? I assumed under the amended Maintenance Act 2002 that 'Parents, whether married or not, are responsible for the maintenance of their children'. My case has been adjourned, but is there any point in even pursuing this claim?

slarkin123

My friends ex was court ordered to pay maintenance even though he's on job seekers. I can't see why he still shouldn't be held responsible for his children.

January

borisboo wrote: »

I'm an unmarried and seperated mother of two children (7+3). Having been to court seeking maintenance, I have been informed by my solicitor that the new judge will not grant a maintenance order if the non-custodial parent is claiming social welfare. Is this legal? I assumed under the amended Maintenance Act 2002 that 'Parents, whether married or not, are responsible for the maintenance of their children'. My case has been adjourned, but is there any point in even pursuing this claim?

Your solicitor is a dumbass... you will be awarded something, but it may be a meagre amount like 10 euro per week per child or something, although every little helps!

RandolphEsq

Yes, pursue it OP.

borisboo

The judge has already made many decisions not to award maintenance to other like cases so I believe its just the solicitor warning me that no money will be forthcoming.

wmpdd3

I think it depends on the persons out goings, ie on jsa and paying a mortgage = no maintance.