Maintenance after marriage

stickybean

Was speaking to a friend at lunch today, she is getting married in January to a man who is not the father of her 2 children. The children's dad currently pays €100 per week for the two kids. He gave her a few extra quid this week towards their Santa presents.

When she thanked him, he then said, ah sure I might as well give it, it's the last year I have to. She was a bit shocked and asked what he meant, he said sure once you get married I will no longer be financially responsible for the boys. So come January I'll be rich. Now she said he said it half jokingly, they get on quite well so there is no problems there, but she left feeling unsure of what happens next.

So long story short, is she entitled to maintenance after she gets married?

admiralofthefleet

they are his children so i would imagine he must support them until they are 18, regardless of who your friend is married to
i could be wrong though so open to correction

martinr5232

stickybean wrote: »

Was speaking to a friend at lunch today, she is getting married in January to a man who is not the father of her 2 children. The children's dad currently pays €100 per week for the two kids. He gave her a few extra quid this week towards their Santa presents.

When she thanked him, he then said, ah sure I might as well give it, it's the last year I have to. She was a bit shocked and asked what he meant, he said sure once you get married I will no longer be financially responsible for the boys. So come January I'll be rich. Now she said he said it half jokingly, they get on quite well so there is no problems there, but she left feeling unsure of what happens next.

So long story short, is she entitled to maintenance after she gets married?

In this backwards country it wouldnt surprise me but i doubt it though.

Neyite

Irrespective of her marital status, he must pay child maintenance for children that belong to him until they are 18 as far as I know. If, however he was paying spousal maintenance, then that would cease upon her marriage.

Why would your friend think that the hubby be financially responsible for children that are not legally or genetically his?

stickybean

Just talking about it in the office here, apparently once you are married the new husband takes financial responsibility for the children. Hoping they are wrong, surely that doesn't make sense

Neyite

stickybean wrote: »

Just talking about it in the office here, apparently once you are married the new husband takes financial responsibility for the children. Hoping they are wrong, surely that doesn't make sense

I cant find anything that states it either way on the Citizens Advice website. It sounds strange though. I think people are mixing it up with spousal maintenance.

Offy

Unless Im wrong I suspect the new husband would have to adopt the children in order for the birth father not to be financially responsible for the children.

LittleBook

http://www.courts.ie/Courts.ie/Library3.nsf/PageCurrent/B11AB02FEC1D7101802577EA00400AF8?opendocument&l=en

Q: If my child's other parent marries someone else do I still have to pay maintenance?

A: Yes. Unless the new spouse adopts the child.

On a personal note, whether he's aware of the law or not, I seriously hope your friend's ex was joking.

Lucyfur

Offy wrote: »

Unless Im wrong I suspect the new husband would have to adopt the children in order for the birth father not to be financially responsible for the children.

Yes, and the biological father would have to give permission for the adoption.

cch

I think that's the case in America so maybe that's where he's getting the idea from.

ms horatio

In our situation(similar to OP's)the father continues to have financial responsibility for his children.However,as a Statement of Means is required by the court,the fact that the mother has remarried and as such has"help"towards the outgoings eg:mortgage,household bills etc,her outgoings are reduced.So the father may apply to courts to reduce his maintainence based on the mothers"new"income.The new husband has NO FINANCIAL RESPONSIBILITY towards the children-just that his monetary input to the household MAY reduce the mother's outgoings thus the Father could argue she has more-so he pays less

stickybean

Thanks so much for the replies, I have forwarded this information on, i'll keep you posted if I hear any more. Thank you!!!

Neyite

stickybean wrote: »

Thanks so much for the replies, I have forwarded this information on, i'll keep you posted if I hear any more. Thank you!!!

IMO any man who looks forward to not providing for his own kids and fobbing it off to another man like the one in the OP is a tool, and I'd love to see his face when he is told.

MurdyWurdy

Neyite wrote: »

IMO any man who looks forward to not providing for his own kids and fobbing it off to another man like the one in the OP is a tool, and I'd love to see his face when he is told.

Agreed - what real man would be happy for another man to provide for his children without contributing anything himself? I really hope for the OP's friend's sake he was joking.

SCOOP 64

My brother inlaw is married and his wife as 2 kids are form previous relationship, now 5 kids in total , so 3 are is , 2 from wifes previous the partner, her last partner still pays maintenance for the his 2 kids today , and he is happy to do so.

anncoates

If I was the father here, I'd rather pay the money into a fund that my kids can access when they are 18, or to go towards college or something.

I assume that in most cases, the new husband is hardly going to say I'm not contributing a jot towards your children so your maintenance will basically end up supplementing their household income and isn't strictly guaranteed to end up being used for the children.

Hand on heart, If I married a woman with kids from another relationship, I'd bring them up like my own and would rather their father put money aside for them or major expenses like college rather than hounding him to stump up money for the children week-in, week-out.

CrowWoman

Sounds like the man is a scumbag.

I have two kids from a previous relationship and remarried 4 years ago. My daughters' father is still their father, and supports them as he always did. He'd be angry and insulted if I suggested he drop his support and let another man do it. I have no respect for a person who doesn't want to take responsibility for his own children.

If finances aren't an issue then putting the money into a college fund is a great idea.