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Reasonable maintenance on social welfare

  • 30-04-2013 6:17pm
    #1
    snor
    Registered Users, Registered Users 2 Posts: 529 ✭✭✭


    Wondering if anybody could give me an idea of the approx. maintenance I would receive in circuit court if my ex-h is unemployed (job seekers). Know it varies from case to case but just looking for a rough guide.

    3 kids (6-10). Ex rents own home and has access 1 day a week by choice. I work part time (so no childcare cost), pay mortgage and usual bills and not in receipt of FIS etc.

    thanks in advance.


Comments

  • #2
    AlejandroKa
    Banned (with Prison Access) Posts: 25 ✭AlejandroKa


    Off the top of my head the maximum amount the District Court can order each parent to pay is €150 per week per child and €500 per week for a spouse. There is no limit in the Circuit Court or High Court. You have to ask yourself if the District Court levels are sufficient for your needs.

    If he is on a jobseeker's payment then you will be unlikely to get much money and the District Court will suffice. But then a judge will decide what is fair so that could literally be €20 per week or it could be €100 per week. It all depends.


  • #3
    snor
    Registered Users, Registered Users 2 Posts: 529 ✭✭✭snor


    Thanks Alejandroka. As far as I was aware have to go through the CC as it was the circuit court that grated my Jud Sep and decided maintenance at the time. Maybe this in not correct - given the amount involved the district court would suffice! Would it be usual for the judge to award €0 for child maintenance if on Job seekers? Thanks again


  • #4
    AlejandroKa
    Banned (with Prison Access) Posts: 25 ✭AlejandroKa


    What is he currently paying i.e. what is the current maintenance arrangement?


  • #5
    snor
    Registered Users, Registered Users 2 Posts: 529 ✭✭✭snor


    Court order is €10 per child a week (€30 a week total) but currently not paying anything. Prob a waste of time even going to court as he does not comply with any court order. That €30 is a big help though!


  • #6
    AlejandroKa
    Banned (with Prison Access) Posts: 25 ✭AlejandroKa


    snor wrote: »
    Court order is €10 per child a week (€30 a week total) but currently not paying anything. Prob a waste of time even going to court as he does not comply with any court order. That €30 is a big help though!

    It is very serious that he is not complying with the court order. You should apply for an Attachment of Earnings Summons which will mean the maintenance gets taken directly from his dole. You are also entitled to all the maintenance you were supposed to receive that he hasn't paid. Pursue it. Get onto your solicitor straight away.


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  • #7
    endacl
    Registered Users, Registered Users 2 Posts: 22,412 ✭✭✭✭endacl


    snor wrote: »
    Court order is €10 per child a week (€30 a week total) but currently not paying anything.

    That €30 is a big help though!
    Which?


  • #8
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    snor wrote: »
    Thanks Alejandroka. As far as I was aware have to go through the CC as it was the circuit court that grated my Jud Sep and decided maintenance at the time. Maybe this in not correct - given the amount involved the district court would suffice! Would it be usual for the judge to award €0 for child maintenance if on Job seekers? Thanks again

    You are correct since a HC case last year it is not possible to remit matters to the DC from the CC. So of JS deals with maintenance then the DC can not vary it.


  • #9
    snor
    Registered Users, Registered Users 2 Posts: 529 ✭✭✭snor


    Thanks for clarifying. Meant the €30 would be a big help - used to pay it until January just gone but nothing since.
    Was unaware that can get an A of E from social welfare - thought it was just employer. Am concerned the judge may not get him to pay nothing at all as no doubt he will have a sob story about his new family etc. But sure getting nothing now anyway so worth the gamble! Thanks again.


  • #10
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    ResearchWill wrote: »
    You are correct since a HC case last year it is not possible to remit matters to the DC from the CC. So of JS deals with maintenance then the DC can not vary it.

    What case was that?


  • #11
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    The Mustard wrote: »
    What case was that?

    Case is from 2010 found here http://courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/bb7b6b58ea358c7d802577d90040a7c4?OpenDocument&Highlight=0,Brophy


    The relevant bit of the judgement

    "14. It would seem from this section that there is an originating jurisdiction to make maintenance orders in both the District Court and the Circuit Court. The District Court cannot vary or revoke any maintenance or variation orders made by the Circuit Court exercising its originating jurisdiction. However, the District Court can vary a maintenance order made by the Circuit Court in exercise of its appellate jurisdiction."


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