Maintenance Summons

hola1234

Hi,
I have just received a Maintenance Summons from my 'wife' - we are in the process of separating.
We have 1 six year old child or is at school.
All 3 of us still live in the same house and I pay the mortgage and all bills. including car insurance/tax etc.
I give her €190 a week - that is for her and our son - ie. she needs to buy food for her and our son (I buy my own food)
She is wanting more money of me - even though she doesnt work - she said she is actively looking for work.
Do you think the judge will award her more money ? my affidavit of means shows that i have no more money to give and I actually owe a lot of money to credit cards.

ChrissieH

I doubt it!! €190 a week is way more than the average / minimum for 1 child but I presume your ex has already gone to a solicitor if you've received a summons, and you'd imagine the solicitor would have a good idea of what the judge would award, so maybe it's possible but I've never heard of anyone getting that much maintenance!
My husband was ordered to pay €75pw when his child's mother took him to court, looking for €100 pw, and the judge didn't even look at his statement of means.

hola1234

Thank you Chrissie, the €190 is for her and my son - I give her money for herself,and my son - she spends some of the money on herself - like massage,getting her hair done - things that are 'luxury'! and she is saying €190 is not enough! do I have to actually give her money for herself?

ChrissieH

Not unless you're a millionaire??? :-D I didn't think spousal support is a thing in Ireland, is it?
Unless you have some sort of agreement with her that she should not be working so that she can mind your son, I really can't see this being upheld in court, but I don't know..

redcup342

hola1234 wrote: »

Hi,
I have just received a Maintenance Summons from my 'wife' - we are in the process of separating.
We have 1 six year old child or is at school.
All 3 of us still live in the same house and I pay the mortgage and all bills. including car insurance/tax etc.
I give her €190 a week - that is for her and our son - ie. she needs to buy food for her and our son (I buy my own food)
She is wanting more money of me - even though she doesnt work - she said she is actively looking for work.
Do you think the judge will award her more money ? my affidavit of means shows that i have no more money to give and I actually owe a lot of money to credit cards.

That's the critical part there, I'd make sure you have that in writing otherwise she may claim that's just her support money and not the childs.

You are better off being clear and seperating the money for the child and your "wife"

FishOnABike

Have any legal separation steps started? If not have you considered the possibility of looking to be appointed primary carer for your child when you separate?

If the maintenance application is in the district court the maximum that the District Court can order from either parent is €150 per week for each child. There is no limit in the Circuit/High Courts.

http://www.treoir.ie/information/child-maintenance-information/