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Maintenance question

  • 27-03-2015 4:48pm
    #1
    Closed Accounts Posts: 2,021 ✭✭✭


    im sure this has been done over and over again but id like opinions regarding what a judge may grant for maintenance

    I currently pay 300 euro a month for my child with my ex.

    I make 19 K a year after tax

    my rent is 715 a month,45 phone bill,40 euro for hire purchase item,80 euro a month travel to and from work,50 euro for a credit card,gas and electricity 150 every two months,20 EUR a week pretrol costs to collect my dauther and bring her home.

    My dauther is 2 and half and not in playschool and is minded by her grand parents for the 2 and half days my ex works

    Shes bringing me to court to get more mainteanace, i technically pay 69 odd a week in a 52 weeks year,with one parent family ,fis and other entitlements my ex should be received that would make both our contributions to 140 a week for our child.

    People have said this may not work in her favour and the judge may reduce it.

    Is this possible? Any ideas what might be granted as im in over my head here


Comments

  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,809 Mod ✭✭✭✭Kimbot


    im sure this has been done over and over again but id like opinions regarding what a judge may grant for maintenance

    I currently pay 300 euro a month for my child with my ex.

    I make 19 K a year after tax

    my rent is 715 a month,45 phone bill,40 euro for hire purchase item,80 euro a month travel to and from work,50 euro for a credit card,gas and electricity 150 every two months,20 EUR a week pretrol costs to collect my dauther and bring her home.

    My dauther is 2 and half and not in playschool and is minded by her grand parents for the 2 and half days my ex works

    Shes bringing me to court to get more mainteanace, i technically pay 69 odd a week in a 52 weeks year,with one parent family ,fis and other entitlements my ex should be received that would make both our contributions to 140 a week for our child.

    People have said this may not work in her favour and the judge may reduce it.

    Is this possible? Any ideas what might be granted as im in over my head here


    I believe the average payout in Ireland at the moment is somewhere around about 50 euro a week. I am currently paying 75 a week even after taking 2 pay cuts. If you cant afford it the judge can drop the amount you pay but its all depending on the judge on the day tbh. Last time I was in court a young lad was sitting beside me and he told me out of his 108 euro a week payment he had to pay 80 in maintenance and his train fare return was close on 50 just to see his child. The judge must of had a bad day cos that was shocking.


  • Banned (with Prison Access) Posts: 4 notthedoctor


    300 a month for a child who is not in school is ridiculous! I'd understand that amount if it was to cover childcare cost but your ex is taking the piss!

    I know a person who is on 200/week and pays 40 to the child (4yo), this order was made when the child was 18months old and hasn't changed. It may get a 10E increase when the little one starts Jr. Infants but that's about it.

    Definitely go back to court and review this non sense amount. Your ex got away with too much! Dont forget that a child has to be supported equality by 2 parents. If u pay 300/month the mother must spend 300/month on the child as well and I DOUBT she spends that much!


  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    Time spent supporting the child is also a consideration. Do you take your child any days or nights? If you spend equal time with your chikd AND cover the costs on these days AND pay other expenses like clothing, medical etc, well then there really shouldn't be maintenance getting paid, because you would already be contributing half. A lot of father forget to fight this point. You're maintaining a child, not the mother.


  • Registered Users, Registered Users 2 Posts: 4,400 ✭✭✭lukesmom


    Wow €75 a week? My friend who is separated just got awarded maintenance of €130 a week and that is for 3 school going children so €43 each child. I'd imagine €75 for an 18 month old is quite over the normal amount.


  • Closed Accounts Posts: 768 ✭✭✭SpaceSasqwatch


    afaik its mean tested..never had to go to court myself but thats what I can gather from my friends that have.

    I have always paid in and around the 100 euro mark for 1 child a week no matter what age he was.Paid alot less when I was inbetween jobs but it was always agreed between ourselves(as she put it , she cant get money I dont have).I have the usual acess weekends and any other days like bank holidays.


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  • Closed Accounts Posts: 768 ✭✭✭SpaceSasqwatch


    lukesmom wrote: »
    Wow €75 a week? My friend who is separated just got awarded maintenance of €130 a week and that is for 3 school going children so €43 each child. I'd imagine €75 for an 18 month old is quite over the normal amount.

    If im right about it being mean tested that might explain the low amount for the three kids.


  • Registered Users, Registered Users 2 Posts: 23,901 ✭✭✭✭ted1


    im sure this has been done over and over again but id like opinions regarding what a judge may grant for maintenance

    I currently pay 300 euro a month for my child with my ex.

    I make 19 K a year after tax

    my rent is 715 a month,45 phone bill,40 euro for hire purchase item,80 euro a month travel to and from work,50 euro for a credit card,gas and electricity 150 every two months,20 EUR a week pretrol costs to collect my dauther and bring her home.

    My dauther is 2 and half and not in playschool and is minded by her grand parents for the 2 and half days my ex works

    Shes bringing me to court to get more mainteanace, i technically pay 69 odd a week in a 52 weeks year,with one parent family ,fis and other entitlements my ex should be received that would make both our contributions to 140 a week for our child.

    People have said this may not work in her favour and the judge may reduce it.

    Is this possible? Any ideas what might be granted as im in over my head here

    What value would you put on your daughter ?


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


    ted1 wrote: »
    What value would you put on your daughter ?

    Why do you ask that? That's not an issue I'm bringing up, im being brought to court,it will essentially be a judge that answers that question


  • Registered Users, Registered Users 2 Posts: 262 ✭✭barman linen


    300 a month for a child who is not in school is ridiculous! I'd understand that amount if it was to cover childcare cost but your ex is taking the piss!

    I know a person who is on 200/week and pays 40 to the child (4yo), this order was made when the child was 18months old and hasn't changed. It may get a 10E increase when the little one starts Jr. Infants but that's about it.

    Definitely go back to court and review this non sense amount. Your ex got away with too much! Dont forget that a child has to be supported equality by 2 parents. If u pay 300/month the mother must spend 300/month on the child as well and I DOUBT she spends that much!

    300 a month may not be ridiculous. It all depends on the income and expenses of the parents and children. If you have lots of money then you are expected to contribute to the children in like manner. In any event your partner will raise her expenses to cover your disposable income. There is a charade of an expense form being handed to the judge but they would be better placed in the fiction section of the library.

    My advice is to clearly lay out in great detail the expenses you have outlined above. Indicate every penny you spend on the child.

    I would recommend that you declare to the Judge your intention to face up to your responsibilities to the child as this will assist in his perception of your attitude. ( I assume you do accept your responsibilities ). You should indicate what steps you are taking to reduce your credit card indebtedness etc.

    if she takes you to court it is unlikely that the Judge will vary the order in your favour - most likely he will leave it the same or increase it. If you want it reduced you will most likely have to take a separate order to vary.

    The notion mentioned above that if you have the children half the time then you don't have to pay maintenance is just that - a notion. The reality in the court is very different. When the tears flow so does the money.

    I am not a lawyer....just experienced in this situation.


  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    ted1 wrote: »
    What value would you put on your daughter ?

    Below the belt
    300 a month may not be ridiculous. It all depends on the income and expenses of the parents and children. If you have lots of money then you are expected to contribute to the children in like manner. In any event your partner will raise her expenses to cover your disposable income. There is a charade of an expense form being handed to the judge but they would be better placed in the fiction section of the library.

    My advice is to clearly lay out in great detail the expenses you have outlined above. Indicate every penny you spend on the child.

    I would recommend that you declare to the Judge your intention to face up to your responsibilities to the child as this will assist in his perception of your attitude. ( I assume you do accept your responsibilities ). You should indicate what steps you are taking to reduce your credit card indebtedness etc.

    if she takes you to court it is unlikely that the Judge will vary the order in your favour - most likely he will leave it the same or increase it. If you want it reduced you will most likely have to take a separate order to vary.

    The notion mentioned above that if you have the children half the time then you don't have to pay maintenance is just that - a notion. The reality in the court is very different. When the tears flow so does the money.

    I am not a lawyer....just experienced in this situation.

    It's only a notion if the judge doesn't believe you, or you have no proof. Receipts and ideally a mediation agreement, or better still, joint custody would be things used to circumvent the maintenance of the mother by the father of the child.

    OP, keep receipt and document everything. If you choose to have no input into your childs life, well then it's only fair that maintenance is paid.


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  • Registered Users, Registered Users 2 Posts: 262 ✭✭barman linen


    goz83 wrote: »
    Below the belt



    It's only a notion if the judge doesn't believe you, or you have no proof. Receipts and ideally a mediation agreement, or better still, joint custody would be things used to circumvent the maintenance of the mother by the father of the child.

    OP, keep receipt and document everything. If you choose to have no input into your childs life, well then it's only fair that maintenance is paid.

    Maybe your experience has been better than mine. The section you forgot to bold in that paragraph has held firm in my case each time. Tears = maintenance. Sorry if that is offensive to some but is the fact in my case.


  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    Maybe your experience has been better than mine. The section you forgot to bold in that paragraph has held firm in my case each time. Tears = maintenance. Sorry if that is offensive to some but is the fact in my case.

    Crocodile tears should always be brought up as a concern and noted as possible over sensitivity to the situation.

    Thanfully, i have never personally been in the situation, but have witnessed the equal time and expenses working miracles, even in the face of tears.


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