Maintenance Order

dar100

Hi,

Not looking for legal advice here. Just really a yes or no answer, if anyone can help.

I'm working with a client, who made arrangements in court to pay maintenance weekly to the childrens mother. For a number of reasons the mother no longer has custody of the children. Is the father still obliged to pay this maintenance although the children are in the care of another party.

thanks

ABajaninCork

I think he should still pay the maintenance. But to the party that actually has custody of the children. Is the client able to get the court order varied to that effect?

Can the father try to obtain custody of the children?

dar100

The person who has custody of the children is been paid a foster carers payment. The father approached and offered to pay maintenance but was refused for reason that it would effect tax. The father is looking for custody through the courts.

Pat Mustard

dar100 wrote: »

The father is looking for custody through the courts.

The father should take advice on:

1. Variation of the maintenance order.
2. Custody.
3. Guardianship.

lovelyjubbly

dar100 wrote: »

The person who has custody of the children is been paid a foster carers payment. The father approached and offered to pay maintenance but was refused for reason that it would effect tax. The father is looking for custody through the courts.

It's not up to the foster carers to make that decision. What could happen is the fostering allowance will be decreased by the amount the father pays.

Father should speak to the children's social worker. Sounds like relative foster placement?

dar100

Thanks guys. I will pass the feedback on