Maintenance : Does spouses income count when child born outside marriage ?

morrissey318

Hi . I hope I'm posting in the right forum , please point me in the right direction if I'm not .
My husband has a child as a result of a one night stand during our marriage . We are still together . The mother of this child is bringing him to court as she is not happy with the amount of maintenance he is paying . (€75 a week) .She has a job (which pays same wage as his). I earn a higher wage . She claims that he should be paying more maintenance as I have a very good job and 'can afford it'!!! Bear in mind that my husband and I have four children and a large mortgage . My question is this : Does my income count when it comes to assessing maintenance ? Naturally it counts in that I have responsibility for half the mortgage, half child care costs , half the bills etc etc , but could he be forced to pay more simply because I have a good job and can shoulder (just about) more of the household bills?

Pro Hoc Vice

This is a very complex and fact specific area of law. Your husband should get legal advice, as should you as this effects you and your children.

But if I can ask one question should your husband child and your children's half sibling be in any way worse off than your own children.

As a personal view all five children of your husband should be treated the same. Would you be happy with your children each having a value of €75 a week. A solicitor will be able to look at all the facts. €75 may well be too much for your husband to pay or it maybe too little, each case is different.

morrissey318

Pro Hoc Vice wrote: »

This is a very complex and fact specific area of law. Your husband should get legal advice, as should you as this effects you and your children.

But if I can ask one question should your husband child and your children's half sibling be in any way worse off than your own children.

As a personal view all five children of your husband should be treated the same. Would you be happy with your children each having a value of €75 a week. A solicitor will be able to look at all the facts. €75 may well be too much for your husband to pay or it maybe too little, each case is different.

Thank you . I will indeed seek legal advice as suggested .
You've made a very interesting point . Unfortunately I cannot discuss this in a rational manner as I am so angry about the whole situation . I do not see why my children should suffer because some of MY wages are paying for HIS indiscretion. I feel that my wages are for MY family, to be spent as WE decide .
In my opinion , if he is contributing €75 per week , then she must also . Her child care costs are minimal, so €150 is a very generous amount of money to have in this day and age to feed, clothe and maintain one child .
If my husband and I were to separate (and the way our marriage is progressing , that may happen ) then would he not be obliged to pay €75 for each of his children ? 5x€75 =well over half of his weekly income .

Obviously the law takes the needs of the child into account , but to be honest , if my wages are taken into consideration(apart from the whole 'splitting of mortgage and bills ' etc) , then the law will not be taking the needs of my children into account . If I have to provide for that child , then that will be a bridge too far for our marriage .

Thank you once again for your advice . I will contact a solicitor in the morning to see how to progress from here.

lifeandtimes

The max that a man can be ordered by district court to pay for child maintenance is 150 EUR a week.

This however is all means tested and with the fact he has others children/family and a mortgage and other expenses this is all taken in account by the district court

However i do believe your income is not factored in really as you are not involved with the raring of the other child,your duty lies with your biological children(not exactly sure but how it should be seen)