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We asking telling me to pay more maintenance.

  • 23-07-2018 01:24PM
    #1
    Registered Users, Registered Users 2 Posts: 2,792 ✭✭✭


    Hi everyone,

    Broke up with my ex about 7 months ago.
    She's been claiming loan parents since.
    I give her 50e a week as well as take my child overnight 3nights a week.
    I feed him buy him clothes when needed.

    Today I received a letter from the social welfare telling me to pay 50euro more a week.

    I can't afford to pay 100euro a week.

    I earn only 450euro after tax every week 350euro off that is on bills/loans/car/rent/food.
    50 euro then is maintenance which means I'm left with 50 for savings.

    I tried explaining this on the phone to them but there like robots. They take none of that into account.
    I will be left with nothing. How am I meant to save anything for Christmas presents or birthdays or even holidays.
    Anyone ever had this issue?

    They told me they will take legal action if I don't pay it.

    Is there any point in me working I literally have no money for myself on payday of I pay this.


«13

Comments

  • Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    They take a certain amount of “that” into account.
    They know you need to pay rent and utilities and run a car and eat.
    The problem is that your child must be your financial priority same as it is for parents who are living with their kids.
    The child’s parents are responsible for the financial maintenance of the child, not SW.
    If you can’t manage then you should go to MABS.
    They will help you to work out a budget and if you stick to it you’ll be fine.


  • Registered Users, Registered Users 2 Posts: 3,093 ✭✭✭rawn


    100e pw maintenance seems extremely high given your take home pay. Ask to speak to someone who can show you the breakdown of the means test.


  • Registered Users, Registered Users 2 Posts: 1,194 ✭✭✭Stanford


    Who set the €50 a week in the first place?


  • Registered Users, Registered Users 2 Posts: 19,263 ✭✭✭✭ELM327


    Considering you have the child 3/7 of the week, 100 seems too high. Arguably since 3/7 is nearly 50:50 anyway there should be no maintenance.


  • Closed Accounts Posts: 4,024 ✭✭✭Owryan


    Not sure if SW can tell you how to spend your money. What they are trying to do is to minimise the amount of assistance they need to pay out.

    If you have an agreement to pay €50 a week then it's a matter for yourself and the child's mother.


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  • Closed Accounts Posts: 5,593 ✭✭✭Hitman3000


    2Mad2BeMad wrote:
    They told me they will take legal action if I don't pay it.


    Let it go legal. Gather all your financial information bills etc, a judge can be more reasonable. I've had a friend in a similar situation .


  • Registered Users, Registered Users 2 Posts: 1,194 ✭✭✭Stanford


    Hitman3000 wrote: »
    Let it go legal. Gather all your financial information bills etc, a judge can be more reasonable. I've had a friend in a similar situation .

    Who is going to pay the OP's legal costs?


  • Closed Accounts Posts: 5,593 ✭✭✭Hitman3000


    Stanford wrote:
    Who is going to pay the OP's legal costs?

    What costs? It is possible to go to court without a solicitor.


  • Registered Users, Registered Users 2 Posts: 19,263 ✭✭✭✭ELM327


    Stanford wrote: »
    Who is going to pay the OP's legal costs?
    Family court, more often than not people represent themselves.


  • Registered Users, Registered Users 2 Posts: 1,194 ✭✭✭Stanford


    Hitman3000 wrote: »
    What costs? It is possible to go to court without a solicitor.

    It is but certainly advisable as the spouse will almost certainly get free legal aid!!


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  • Closed Accounts Posts: 4,024 ✭✭✭Owryan


    Stanford wrote: »
    It is but certainly advisable as the spouse will almost certainly get free legal aid!!

    Except it's DSP not his spouse taking him to court


  • Closed Accounts Posts: 5,593 ✭✭✭Hitman3000


    Stanford wrote:
    It is but certainly advisable as the spouse will almost certainly get free legal aid!!


    As may the OP. Frankly SW seems to want to get blood from a stone.


  • Registered Users, Registered Users 2 Posts: 1,194 ✭✭✭Stanford


    ELM327 wrote: »
    Family court, more often than not people represent themselves.

    Yes and are usually very sorry they did if the Applicant has legal representation


  • Banned (with Prison Access) Posts: 1,030 ✭✭✭thebull85


    There is no way you can be forced to pay 100 euro a week. Fight it.


  • Registered Users, Registered Users 2 Posts: 8,141 ✭✭✭Inviere


    How are you paying the current€50, cash/informal agreement? Are the SW aware you're already paying €50? €100 seems very high all things considered. Where are they pulling that amount from? Family Court all the way for this one


  • Registered Users, Registered Users 2 Posts: 1,194 ✭✭✭Stanford


    thebull85 wrote: »
    There is no way you can be forced to pay 100 euro a week. Fight it.

    Lets establish some facts here, OP can you please clarify if your partner and you were married and if there is now a Court seperation or divorce in place?


  • Registered Users, Registered Users 2 Posts: 789 ✭✭✭cnoc


    The OP doesn't seem to be answering any question!


  • Registered Users, Registered Users 2 Posts: 1,194 ✭✭✭Stanford


    Owryan wrote: »
    Except it's DSP not his spouse taking him to court

    What is his contractual arrangement with DSP that allows them to issue Court Proceedings?


  • Registered Users, Registered Users 2 Posts: 1,194 ✭✭✭Stanford


    cnoc wrote: »
    The OP doesn't seem to be answering any question!

    He seems to have raised the issue and then gone offline, why are we even bothering?


  • Registered Users, Registered Users 2 Posts: 19,263 ✭✭✭✭ELM327


    Stanford wrote: »
    Yes and are usually very sorry they did if the Applicant has legal representation
    I know directly (and attended as support, although I did not enter the actual courtroom as these cases are held in camera) of someone close to me who "won" defending herself against the applicant who had a solicitor.


    When I was waiting in the waiting room amongst everyone else who had a court case that day, a large number of people did not appear to have representation and walked into the courtroom alone.


    Of course if you are entitled to FLA then you would be mad not to take it!


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  • Registered Users, Registered Users 2 Posts: 583 ✭✭✭keyboard_cat


    Just don’t rock up to court to tell them how you cannot afford to support your child in that brand new golf op

    https://touch.boards.ie/thread/2057886418/


  • Registered Users, Registered Users 2 Posts: 2,792 ✭✭✭2Mad2BeMad


    I am currently in work lads. So I'm sorry for the delayed replies. Wasn't expecting so many either.

    Me and the ex were not married we were with each other only 2 years before she fell pregnant.

    Our child was ill for the first few months of his life and we had arguments. I paid nearly private for everything to help him be seen quicker.
    He's slot more health now he's allergic to milk and suffers from silent reflux.
    I spent most of my savings on private appointments for my son.

    It's the reason we broke up.
    I don't hate her but I certainly don't live her.

    There's no resentment towards each other. So she happily agreed 50 a week was enough.
    I give it to her in cash.
    Now the social sent me a letter calculating my weekly wage telling me I should be able to afford another 50 euro on top of what I'm paying now.
    And that 50 euro will be cut from Her loan parents.

    So she's getting annoyed at me now cause she's losing money and so will I.
    While the social has 50e less to give out every week.

    They take no bills into account only rent that's it. No phone bill no petrol for car no monthly insurance no weekly food no electricity bill


  • Registered Users, Registered Users 2 Posts: 1,679 ✭✭✭MAJJ


    Stanford wrote: »
    He seems to have raised the issue and then gone offline, why are we even bothering?

    He only posted one hour ago, probably busy working for his family


  • Registered Users, Registered Users 2 Posts: 1,194 ✭✭✭Stanford


    So there is no formal legal Separation or Divorce in place and you have an unwritten agreement with your ex-partner to pay her €50/week?


  • Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    Owryan wrote: »
    Not sure if SW can tell you how to spend your money. What they are trying to do is to minimise the amount of assistance they need to pay out.

    If you have an agreement to pay €50 a week then it's a matter for yourself and the child's mother.

    If the mother of the child stops claiming OPFP then absolutely, SW can’t tell him “how to spend his money”.
    In the meantime, there’s no reason why the State should be financially maintaining this mans child except for only €50.
    Can you explain why you think that the state SHOULD feed clothe and house the child?


  • Registered Users, Registered Users 2 Posts: 1,194 ✭✭✭Stanford


    splinter65 wrote: »
    If the mother of the child stops claiming OPFP then absolutely, SW can’t tell him “how to spend his money”.
    In the meantime, there’s no reason why the State should be financially maintaining this mans child except for only €50.
    Can you explain why you think that the state SHOULD feed clothe and house the child?

    That is an entirely a seperate issue


  • Registered Users, Registered Users 2 Posts: 17,177 ✭✭✭✭dahat


    I had similar a few years back and refused to pay more than i was at the time, €60.

    If the SW wish to approve her claim for Loan Parents then that is their business, they pay the benefit not you so my advice is to refuse.

    Also, i would pay your maintenance via bank transfer each week as you then have proof of payment in case it's needed in years to come.


  • Registered Users, Registered Users 2 Posts: 2,792 ✭✭✭2Mad2BeMad


    Just don’t rock up to court to tell them how you cannot afford to support your child in that brand new golf op

    https://touch.boards.ie/thread/2057886418/

    I could afford that at the time of purchasing we were together then and she was working .
    Different story now. Btw I hvnt received my golf I cancelled it last month. Thanks for your concern though


  • Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    2Mad2BeMad wrote: »
    I am currently in work lads. So I'm sorry for the delayed replies. Wasn't expecting so many either.

    Me and the ex were not married we were with each other only 2 years before she fell pregnant.

    Our child was ill for the first few months of his life and we had arguments. I paid nearly private for everything to help him be seen quicker.
    He's slot more health now he's allergic to milk and suffers from silent reflux.
    I spent most of my savings on private appointments for my son.

    It's the reason we broke up.
    I don't hate her but I certainly don't live her.

    There's no resentment towards each other. So she happily agreed 50 a week was enough.
    I give it to her in cash.
    Now the social sent me a letter calculating my weekly wage telling me I should be able to afford another 50 euro on top of what I'm paying now.
    And that 50 euro will be cut from Her loan parents.

    So she's getting annoyed at me now cause she's losing money and so will I.
    While the social has 50e less to give out every week.

    They take no bills into account only rent that's it. No phone bill no petrol for car no monthly insurance no weekly food no electricity bill

    By “the social” you do realize you mean the taxpayer? Where do you think her OPFP money comes from ?
    You’ll have to pare back on your outgoings and pay at least €75, because they are going to cut her OPFP anyway, and she and your son are going to be short.


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  • Registered Users, Registered Users 2 Posts: 2,792 ✭✭✭2Mad2BeMad


    Stanford wrote: »
    So there is no formal legal Separation or Divorce in place and you have an unwritten agreement with your ex-partner to pay her €50/week?

    No we were only bf/gf so we were not Legally together. Sw have not asked for documents of separation.

    I think I must go to court I feel a judge would be on my side regarding my financial situation


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