Maintenance Assessment

Myles de Selby

I separated early 2015 and, after mediation, a parental agreement including a clause on child maintenance was drawn up and approved by the courts.

Under this I pay €100 a week total for my two children (€5.2k per year) plus a 50% share of school, medical and extra-curricular activities (probably about another 1.5k per year). My job is not very well paid and at the time was seasonal so I was grossing only about 20K.

Recently I received a letter from the Maintenance recovery Section of the Social Welfare Services Office who are looking to double the amount of maintenance I pay to my ex-partner.

This is a real blow as, having bought a house and being made year-round in my job, I was just getting to the point where I was managing to get outgoings close to incomings and I simply dont have another 5.2k to pay each year.

My income will still be a modest one (about €25-26k per year). Out of this they are allowing me an allowance of €207 a week plus an accommodation allowance of €51. And everything else will go in maintenance.

Has anyone been in a similar situation? What is the best course of action to contest this?

Rosemary 10

Seriously ....think of all the bills your ex pays for two children! €50 each plus a little extra doesn't go that far especially in 2017. The social wouldn't be looking for more if you couldn't afford it everything is means tested.

SusieBlue

That sounds like an extortionate amount of maintenance, but I don't know enough about maintenance laws in this country to say if its fair.

I know people who's rent/mortgage is upwards of €800 a month, and if you pay that you'll only be left with €60 of your allowance a week to live off of which would be ridiculous!

How old are your children? As far as I'm aware, the average payment per child per week in this country is €70/€80, which would bump you to €160 for two kids. However, I don't think this is fair if you are paying half of books/medical costs on top of that. Are the social aware you are paying for those extras too?

I'm not sure if these payments are negotiable but I'd be getting legal advice if I were you.

Dravokivich

Tell them what you've just told us here and ask them how are you meant to pay it?

Also... what mandate do they have to do this? Can they circumvent something signed off in the courts?

cbyrd

If your ex is on state benefit, whatever you pay won't increase you ex's income, her state benefit will just reduce. Social welfare do this in order to reduce their payment.
It's usually only the courts that can enforce an increase in maintenance. What you are paying sounds like a fair amount given that you pay extra on the other things.
I have 4 children for which I receive E375 monthly for 3 as one has moved in with him (18 and his house is quieter for leaving cert study) even though my ex has a very well paying job. They don't get extra for school or birthdays/christmas.
I would get legal advice but I don't think social welfare can make you pay more, I think they just chance their arm hoping the fear will make you. But don't quote me on that remember, you ex won't see extra money from this if she's receiving state benefit.

January

Just write back with a statement of your means and tell them you can't afford it.