Maintenance and marriage

m'lady

Hope I'm asking in the right forum..

This is in relation to maintenance for a child. I'm just wondering if anyone can advise me. Does maintenance continue to be paid by the father of the child if the mother gets married? I'm assuming so but have been told differently!

January

The only reason a father shouldn't pay maintenance for a child is if the new partner officially adopts the child and the biological father gives up all rights.

m'lady

Thanks January, and would the new husbands income be factored in when maintenance is calculated?

January

Not 100% on that.

m'lady

Thanks again January. If anybody else knows the answer I'd appreciate it!

Merkin

Generally a new spouses income won't be used when calculating child maintenance but it can be circumstantial. Definitely best seek legal advice from family law solicitor or citizens advice bureau but generally the onus is on biological/legal guardians irrespective of new circumstances.

silly

m'lady wrote: »

Thanks again January. If anybody else knows the answer I'd appreciate it!

New spouse's income will not be assessed. It shouldn't even come into the equation

wolfpawnat

silly wrote: »

New spouse's income will not be assessed. It shouldn't even come into the equation

But it does for the statement of means for the judge to assess how much should be given to the parent caring for the child.

silly

Your spouse's income does not come into account on a statement of means.

wolfpawnat

silly wrote: »

Your spouse's income does not come into account on a statement of means.

It did in my parents case.

Knine

Merkin wrote: »

Generally a new spouses income won't be used when calculating child maintenance but it can be circumstantial. Definitely best seek legal advice from family law solicitor or citizens advice bureau but generally the onus is on biological/legal guardians irrespective of new circumstances.

What will come into account though is bills/outgoings. Both parties will be asked to fill in an expenses sheet.

For example my ex was told by the judge to halve the utilities/food shop etc outgoings as the spouse would be contributing half or a share of them. Also as they had a child, children's allowance was added as income.

Big Bag of Chips

Your spouses income won't be taken into account but, as mentioned, if your mortgage is €1000 a month for example, the judge will not accept the full amount as part of your expenses, as your spouse will be contributing. Likewise for bills etc. Your spouse would be expected to be contributing to household costs but not costs specific to your daughter.

m'lady

Thanks everyone for the helpful replies, much appreciated. Another question if that's ok? I'm tried looking this up but am getting conflicting information.. I'm wondering if the mother brings a father to court for maintenance how far back can it be backdated? I've read 6 months but then I read that laws had been changed in 2011, if that's correct does anyone know how far back it goes now?

hairyprincess

In my case my husbands income was taken into account by the judge when awarding maintenance.

Regarding the back payment. A district court judge can look for 6 months, in the circuit court it's longer. In my case this didn't happen either, I think I got 6 weeks.

m'lady

Thanks hairyprincess, so hard to get info out there and so much conflicting information!!

silly

I am in the process of trying to get maintenance from my ex.
My husbands income has never been asked for and if I'm honest, if they were taking his income into account then I wouldn't receive anything! My child is not the responsibility financially of my husband but of myself and my ex. If my outgoing where to be assessed then I'm sure mortgage payments etc would be divided between myself and my husband as someone said earlier.
At the moment I am looking for arrears dating back to 2010. I think the reason I can do this is because there are court orders for maintenance dating back this far and longer. So he was ordered to pay maintenance just didn't.
Citizens advice might be able to help you with that one. (I think I heard 4 years but I could be totally wrong there)

The Corinthian

m'lady wrote: »

Thanks hairyprincess, so hard to get info out there and so much conflicting information!!

I think that this is because of the nature of the Irish legal system, especially family law, in Ireland.

Unlike many countries where there are fixed and agreed upon schedules for things like maintenance, Ireland's system is very 'fuzzy' and much of what is awarded left to the judge on the day. This means that some may de facto take a new spouse's income into account, while others will not. I've heard of cases where two maintenance hearings next door to each other with non-custodial parents in almost identical financial circumstances (both unemployed and on the Dole) can have 20 Euro p.w. imposed in one case and 80 Euro in another.

So from everything I have heard or witnessed, while there are certain guidelines that they must follow, it often comes down to the mood and attitude of the Judge on the day. Basically a crapshoot.

m'lady

The Corinthian wrote: »

I think that this is because of the nature of the Irish legal system, especially family law, in Ireland.

Unlike many countries where there are fixed and agreed upon schedules for things like maintenance, Ireland's system is very 'fuzzy' and much of what is awarded left to the judge on the day. This means that some may de facto take a new spouse's income into account, while others will not. I've heard of cases where two maintenance hearings next door to each other with non-custodial parents in almost identical financial circumstances (both unemployed and on the Dole) can have 20 Euro p.w. imposed in one case and 80 Euro in another.

So from everything I have heard or witnessed, while there are certain guidelines that they must follow, it often comes down to the mood and attitude of the Judge on the day. Basically a crapshoot.

Yes the usual thing in this country, left to the discretion and mood of the judge on the day. It's a disgrace, there should be a standard formula that can be worked out for everyone, that's the fairest to both parties.