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Legal Rights of a Child in Ireland

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  • 15-02-2014 11:07pm
    #1
    lons3
    Registered Users Posts: 42 ✭


    Am I right in saying that in Ireland a child under the age of 18 or until the age of 23 in full time education has a right to financial maintenance from their parents. Unless their parents cannot afford it in which case the State will provide financial assistance.

    (Family Income Supplement (FIS) is a weekly tax-free payment available to employees with children. It gives extra financial support to people on low pay. You cannot qualify for FIS if you are only self-employed - you must be an employee to qualify.

    You must have at least one child who normally lives with you or is financially supported by you. Your child must be under 18 years of age or between 18 and 22 years of age and in full-time education.)

    (There is a legal obligation on both spouses to maintain each other, although this obligation often tends to become focused on the spouse with the higher earning capacity. A Maintenance Order requires a spouse to pay a certain amount per week or per month in respect of the other spouse and/or any dependant children. Children are considered to be dependant until they reach 23 years of age or finish in fulltime education, whichever is the earlier. In addition the payment is sometimes secured against a fund or a property which can be drawn upon or sold if there is default in payment.
    The level of maintenance depends on the circumstances of both the husband and wife and the court takes into account the spouse's reasonable needs and those of the children, and the true income of both parties.)

    The problem is, however, that i cannot find evidence of this in legislation bar the family income supplement and maintenance order. Is there any legislation that applies to parents?

    If an 18 year old who was attending full time college was told by their parents that they could no longer live in their house and would have to fund their own life despite the fact that their parents had a very large income wouuld they have any grounds to get a court to ensure their parents supported them. I understand obviously if the child was a known drug addict or did not live by the rules of the house but if there were no grounds for the abandonment of financial support.
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    #2
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Other than in family law proceedings, I am not aware of any law that requires parents to support a adult offspring. (Of course a child can apply to court after a parents death to claim proper provision was not made in a will).


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    #3
    lons3
    Registered Users Posts: 42 ✭lons3


    infosys wrote: »
    Other than in family law proceedings, I am not aware of any law that requires parents to support a adult offspring. (Of course a child can apply to court after a parents death to claim proper provision was not made in a will).

    Yeah that's what I seem to have come up with as well. Why are parents who are separated obliged to support their children until 23 and parents who are both living together not? It seems odd.


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