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Please please help child maintenance and benefits

  • 22-02-2013 9:32pm
    #1
    Registered Users, Registered Users 2 Posts: 8


    Hi

    My ex and I have two wonderful children together.

    At the moment (and since we split) he has refused to pay maintenance.

    He is an 'eternal student' he finishes one degree and moves on to another.
    He refuses to find paid employment and takes part in unpaid work and further study...

    He lives with his parents (he is in his 30s), in their 6 bedroom house, rent free, bill free, food free, I know for certain they top up his cash flow also.
    I believe he is receiving some kind of job seekers benefit/allowance at approx 180 a week.

    What I am asking is do I have grounds to apply for maintenace from him? And if so, what amount would he have to pay me towards our two children? I have left this lay now for too long and the fact I struggle everyday to make sure our children don't go without, whilst he is off living a life of riley is starting to make me sick.

    The reason I am trying to find a little info on here is I live in the UK and will have to instruct a solicitor to take all this on.

    Any help will be most gratefully received.

    Many thanks


Comments

  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Is the children's father also in the UK or is he resident here?


  • Registered Users, Registered Users 2 Posts: 8 Stars100


    He is resident in Dublin and is an Irish citizen.

    I have been told due to agreements between Ireland and the UK I can seek maintenance through the courts however, my question is more about whether the Irish State believes someone on benefits or who is being financially supported by family, are liable to pay maintenance?

    Many thanks for replying to me.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    AFAIK, yes he is even if he's on benefits. But it'll only be a token amount. Sounds as though he's getting JSB (Jobseeker's Benefit)/JSA (Jobseeker's Allowance) which is E188 weekly.


  • Registered Users, Registered Users 2 Posts: 8 Stars100


    Hi

    Thanks for you reply. :)

    Do they take into account that all the benefit he receives doesn't have to go on living costs etc?

    I even have an email from him, when into response to me asking for maintenance he said, 600 euro a month doesn't even cover my leisure costs let alone me having enough to give to you! But I am guessing the system in Ireland isn't going to be all that different to here, where they don't look at the whole picture :/ ?


  • Registered Users, Registered Users 2 Posts: 169 ✭✭100200 shih


    Hi,

    I used to get €40 per week of my ex , which was paid thro the court , ( I havent see any money in a year ) Yes there is an agreement between Ireland & the UK, but if he is on welfare do not except too much. If I was you I would hold onto the email he sent you, but the courts will NOT take into account what his parents give him. You can bring him to court yourself without any lawyer if you are worry about the cost of them.
    On the other hand I have heard of other dads on welfare been order to hand over 80/ 90 per week, but it depends on the Judge you get on the day


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  • Closed Accounts Posts: 346 ✭✭petersburg2002


    My cousin is unemployed and he got court visitation rights for the kids but has to pay €40 a week maintenance. If he says he pays rent, they will want proof of same. Kids should come before his college and lifestyle !


  • Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    I know someone paying €60 per week maintenance for 2 kids and he is getting €188 per week, he would have a mortgage etc too.

    So it seems an order can be made. He would have been brought to court a few months after getting the social welfare payment.

    But both parents are resident in ROI.


  • Registered Users, Registered Users 2 Posts: 16,573 ✭✭✭✭yabadabado


    If his only source of income is jobseekers it would only be a token amount awarded (if any)


  • Registered Users, Registered Users 2 Posts: 393 ✭✭skippy2


    All the suggestions sound good But might it not also be worth the effort if at some stage in the future this shining example of male Irish manhood gets off his backside and does something that the OP poster might be able to get what is owed to her. Personally sick of these guys that bum off and leave everyone else to shoulder the responsibility. Well done OP keep chasing him.
    Do his parents have no feel for their own grandchildren or are they just like him.


  • Registered Users, Registered Users 2 Posts: 8 Stars100


    Hi everyone - and thanks for you replies, each one is appreciated!

    And Skippy2 - we think alike!

    I just wish he would take on some of his responsibilies! I used to live in Ireland, where we met and he was the one who wanted to come to the UK for educational reasons. So we did. I gave up a very well paid job, had the children, I worked whilst he completed his degree, then carried on working whilst he did a masters and then, when the third degree was a 'neccessity' I''d had enough. He never worked the whole time as it was too much effort on top of study apparently- his Mammy used to send him money for bloody clothes! Anyway, my point for this ramble is we split, and after he finished the masters (3months) he moved back to Ireland leaving his children (we live in England) as money is more important. Moving back in with his parents means he can carry on living like a prince and not working for it! Skippy2, you ask how his parents feel...well they are absolutely minted, house in a affleuent area of Dublin, further properties elsewhere in the country and both on six-figured pensions!! But nope no help from them either. They are in fact in the process of buying him a house in Dublin... so as you can imagine, this all gripes somewhat!

    Are assets taken into account with maintenance, for example the house being bought - there won't be a mortgage on it??

    Thanks again :)


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  • Moderators, Business & Finance Moderators, Regional South Moderators Posts: 6,854 Mod ✭✭✭✭mp22


    As this is not a state benefits matter it is closed.


This discussion has been closed.
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