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Child maintenance and courts

  • 23-11-2014 7:37pm
    #1
    MamaBee92
    Registered Users, Registered Users 2 Posts: 72 ✭✭


    Hi guys.. I know there's no definitive answer here but I was wondering if anyone could give me se insight based on their experiences or knowledge.

    Basically, my daughter's father isn't giving me any maintenance for her. For a while there, maybe 3 months, he was giving me €25 a week. My daughter is almost 5. Recently though he informed me he is only getting 1 day's work a week (he is a gardener). As a result of this he has decided to go back to giving me nothing, although agreeing to continue paying half of school costs, which is very minimal at the moment because she is in JI and nothing to be bought really.

    I've had it up to my eyeballs with him at this point, €25 a week was sod all to start with. He still finds money to go to the pub, to buy cigarettes, etc. I am on lone parents and rent allowance. I'm not allowed to work on rent allowance so I'm kinda stuck at the moment and struggling financially. I have decided it is time to take him to court but have some concerns.

    Are they going to end up awarding me less than €25 because he is now only working 1 day a week, potentially soon to be unemployed? Also, if they set a weekly amount based on his current situation, does it change when he gets a job again or do I have to drag him back through the courts?

    I tried my best to avoid messy court battles but I can't tolerate this any longer, it's the pure cheek that he pleads poverty one minute and runs off to the pub the next. Any advice would be greatly appreciated.


Comments

  • #2
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    when you go to court all his earnings and out goings are taken into account.

    It may be that they will aware less than 25 a week but this is based on what he is actually getting, however at the end of it he will be required to pay something towards your daughters up keep as nothing cannot not be given. Also if he is only working one day a week he is still entitled to money from the social welfare as long as it less than 20 hours a week and that will taken into accounts as an income

    And to answer your other question if he goes back to work you will have to go back to curt to get a variation in maintenance

    hope this helps


  • #3
    MamaBee92
    Registered Users, Registered Users 2 Posts: 72 ✭✭MamaBee92


    lifeandtimes wrote: »
    when you go to court all his earnings and out goings are taken into account.

    It may be that they will aware less than 25 a week but this is based on what he is actually getting, however at the end of it he will be required to pay something towards your daughters up keep as nothing cannot not be given. Also if he is only working one day a week he is still entitled to money from the social welfare as long as it less than 20 hours a week and that will taken into accounts as an income

    And to answer your other question if he goes back to work you will have to go back to curt to get a variation in maintenance

    hope this helps

    That's great thanks a mil ☺ basically I'm trying to determine is it worth it. Obviously I won't be dragging our daughter in to this so it shouldn't affect her, and he does see her quite often so that won't change. Just don't think its fair for him to avoid responsibility and leave me to scrape the pennies together all the time


  • #4
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Sorry not legal advice so not really relevant but I have to say it. You seem to taking the high road and kudos to you for doing it. It pains me when I see one parent telling the other parent they can't see the child because they're a deadbeat. That's not the decision of the custodial parent, and at the end of the day they picked 'um!

    Very best of luck OP and I hope that in your spare time (if you have any) you'll look to get involved with trying to alter the absolute madness that results in single mothers being worse off when they work.


  • #5
    MamaBee92
    Registered Users, Registered Users 2 Posts: 72 ✭✭MamaBee92


    MarkAnthony wrote: »
    Sorry not legal advice so not really relevant but I have to say it. You seem to taking the high road and kudos to you for doing it. It pains me when I see one parent telling the other parent they can't see the child because they're a deadbeat. That's not the decision of the custodial parent, and at the end of the day they picked 'um!

    Very best of luck OP and I hope that in your spare time (if you have any) you'll look to get involved with trying to alter the absolute madness that results in single mothers being worse off when they work.

    Thank you, that's a really refreshing perspective. It's certainly not easy but having separated parents myself I know how it feels to be dragged in to bitter disputes. Hoping she sees him for who he is though when she's older. At the end of the day, he can keep making excuses to me all he wants but I'm not the one he's going to be making excuses to in 10 years when she starts asking questions. Anyway, no more waffling on for me :L


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