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Child maintenance question?

  • 20-06-2005 3:05pm
    #1
    Registered Users, Registered Users 2 Posts: 640 ✭✭✭


    My brother and his wife has recently seperated. They have two young children. They went through a mediation and the end result is that my brother will be the primary care taker for the children. His wife had the option to have custody but she wanted to live with her new boyfriend in England and my brother would not agree to the children leaving the country. So she decided to give up the children. The whole thing is pretty horrible and messy.

    So the situation is my brother is bearing all the financial burden for the children with my parents who pretty much take care of them while my brother works. They have looked into help from welfare and have been told they won't get a penny because he works and earns a living. Of course if he didn't work and went on welfare he would be entitled to all sorts of stuff. His wife collects money from welfare because she convinced a doctor she was depressed. I don't really understand it, but because of that she is now able to collect money for sitting on her a$$.

    If she had the kids she would be getting maintenance from my brother and I feel he should go after her for maintenance. There is absolutely no reason she couldn't get a job and help support the children. Do you think he would have a case to go after her?

    I looked up info on this link...http://www.oasis.gov.ie/relationships/separation_divorce/maintenance.html and it has some general information. Whats a little disturbing is the references to parent or simply father as being the one to pay maintenace, what about the mother? Has anyone heard of a case where the mother is ordered to pay?


Comments

  • Closed Accounts Posts: 1,078 ✭✭✭tabatha


    i know a girl i use to work with had a similar situation in her family. the wife did have to pay maintenance. another word of warning, tell ur brother to get legal advice straight away as if she changes her mind and wants the children back she can just come and collect them. he can go into dolphin house any day andask for his case to be heard. i think the fee is about €15. he just has to say he is looking for maintenance for his children and custody. he doesnt need a solictor for this as he can represent himself. he will need a solictor however if there is any property or assets to divide. get everything legal asap so there is no come back on her part. i have heard of a lot of mothers who walk out on their children in the begining coming back and looking for them.


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