Child Maintenance Between Ireland and UK

Puppetstrung

Good morning,

I'm hoping someone might have a little knowledge or experience that can give me an idea what to expect.

I'm living in the UK and the father of my children is back in Ireland. We are no longer together, I have since married someone else etc. He uses our children, sadly, as a control mechanism. He hasn't paid a cent in maintenance (nor supported them in any other way) for over many years. He sees them regularly.

I've been advised to apply through the courts for a maintenance order.

Has anyone got any experience doing this?

How is maintenance dealt with and calculated in Ireland. Is it backdated - he has promised to pay then hasn't?

It may prove fruitless however, as he's already said he will quit work if I pursue maintenance. Something he's actually done before.

Thanks in advance.

Evd-Burner

From my experience it can't be backdated unless there is already a correct order in place. They can also only go back 3 months even with a court order in place as far as I know.

You should still go for maintenance regardless if he says he is going to quit work etc. Even if he is not working and claiming the dole they will make him pay something. Also the judge will see right through his ploy. How long can he survive while not working? As the judge will likely give some time to come back to court to see if he has found work.

Unfortunately Ireland lacks behind majorly in calculating maintenance, it's on a case by case basis and calculated on the fly by the judge, there is no set way of doing it. To add confusion to the matter because of the in camera rule there is also not visibility on what the averages are etc.

Puppetstrung

Evd-Burner wrote: »

From my experience it can't be backdated unless there is already a correct order in place. They can also only go back 3 months even with a court order in place as far as I know.

You should still go for maintenance regardless if he says he is going to quit work etc. Even if he is not working and claiming the dole they will make him pay something. Also the judge will see right through his ploy. How long can he survive while not working? As the judge will likely give some time to come back to court to see if he has found work.

Unfortunately Ireland lacks behind majorly in calculating maintenance, it's on a case by case basis and calculated on the fly by the judge, there is no set way of doing it. To add confusion to the matter because of the in camera rule there is also not visibility on what the averages are etc.

Hi,

Thank you for your insight.

He is majorly supported by his parents (even though he's in his 40s). They bought him the house he lives in, buy the children's birthday presents for him (I've wrapped those in the past). If he was to quit work, he'd survive. However I believe the judge will see through that - but I guess they can't force him to work. Hey ho.

Thanks again

Owryan

It wouldn't be unusual to see maintenance orders of €50 made against fathers on welfare. But every judge has their own way of doing the maths.

Evd-Burner

Puppetstrung wrote: »

Hi,

Thank you for your insight.

He is majorly supported by his parents (even though he's in his 40s). They bought him the house he lives in, buy the children's birthday presents for him (I've wrapped those in the past). If he was to quit work, he'd survive. However I believe the judge will see through that - but I guess they can't force him to work. Hey ho.

Thanks again

I know of a similar enough case where father hid behind parents in regards to finance and worked for them for cash, when it came to court and the judge still awarded a high amount of maintenance knowing full well what he was up to.

Puppetstrung

Evd-Burner wrote: »

Puppetstrung wrote: »

Hi,

Thank you for your insight.

He is majorly supported by his parents (even though he's in his 40s). They bought him the house he lives in, buy the children's birthday presents for him (I've wrapped those in the past). If he was to quit work, he'd survive. However I believe the judge will see through that - but I guess they can't force him to work. Hey ho.

Thanks again

I know of a similar enough case where father hid behind parents in regards to finance and worked for them for cash, when it came to court and the judge still awarded a high amount of maintenance knowing full well what he was up to.

That's interesting to learn. See in the UK they only take taxable earnings into account. Many people get away with not even declaring over time, let alone anything else.

In truth, his parents' will probably pay whatever the court orders of him...but I feel he should be contributing something - if only to their school uniforms.

Evd-Burner

Puppetstrung wrote:

That's interesting to learn. See in the UK they only take taxable earnings into account. Many people get away with not even declaring over time, let alone anything else.

That's because they have a proper system setup in the UK vs ireland.

Puppetstrung

Evd-Burner wrote: »

Puppetstrung wrote:

That's interesting to learn. See in the UK they only take taxable earnings into account. Many people get away with not even declaring over time, let alone anything else.

That's because they have a proper system setup in the UK vs ireland.

Does Ireland not have an equivalent? I'm surprised. Though to be honest it's a nightmare for so many people, and it has been proven to fail a lot of families. Having the hard set rules means many people wriggle out of properly supporting their children 'legally', if not morally. Though on the flip side I guess it does make for an easier process overall so long as people pay up.