who pays maintenance

st205hunter · 24-08-2018 08:07PM #1

Who is responsible for the financial maintaince of a young teen.obviously the birth mother but when the child has a father who is not a legal gardian and a step father who is trough the new 2016 act a legal guardian of the child (consent given by bith bio parents in court) where doez the financial obligation lay. Its clear all other choices and responsibilities lay with the mother and legal guardian but its not clear on financial obligations (moral obligation aside)

Stanford · 24-08-2018 08:10PM

As a general point the legal guardian not resident with the child must contribute to the child's (and possibly mother's) living expenses

0ph0rce0 · 24-08-2018 08:22PM

All parents have a duty to financially maintain their children, whether or not they are guardians.

st205hunter · 24-08-2018 08:26PM

Stanford wrote: »

As a general point the legal guardian not resident with the child must contribute to the child's (and possibly mother's) living expenses

So child lives with mother and mothers husband who is the childs legal guardian

Biological father is not a legal guardian
does the biological father still pay child maintenance

nim1bdeh38l2cw · 24-08-2018 08:28PM

st205hunter wrote: »

So child lives with mother and mothers husband who is the childs legal guardian

Biological father is not a legal guardian
does the biological father still pay child maintenance

In a word, yes.

Stanford · 24-08-2018 08:29PM

Can you briefly explain how the biological father has somehow been exempted from being a legal guardian?

happywithlife · 24-08-2018 08:30PM

st205hunter wrote: »

So child lives with mother and mothers husband who is the childs legal guardian

Biological father is not a legal guardian
does the biological father still pay child maintenance

my sister is married and her husband step father to my nephew. as far as I know the biological father still pays maintainence though I think it was reduced when she married. biological father was never in the picture

KERSPLAT! · 24-08-2018 08:32PM

Stanford wrote: »

Can you briefly explain how the biological father has somehow been exempted from being a legal guardian?

It's only in recent years that a father gains automatic guardianship. Until a few years ago this had to be sought by the biological father.

myshirt · 24-08-2018 08:34PM

st205hunter wrote: »

So child lives with mother and mothers husband who is the childs legal guardian

Biological father is not a legal guardian
does the biological father still pay child maintenance

Yes.

In America you could work around it, say if you were a sperm donor. Here, no.

100% responsible. No dispute. Slam dunk case for the mother.

st205hunter · 24-08-2018 09:05PM

Stanford wrote: »

Can you briefly explain how the biological father has somehow been exempted from being a legal guardian?

For children born outside of marriage, only the mother has automatic rights to guardianship. (Even though a father's name may be registered on the child's birth certificate, this does not give him any guardianship rights in respect of his child).

st205hunter · 24-08-2018 09:09PM

st205hunter wrote: »

For children born outside of marriage, only the mother has automatic rights to guardianship. (Even though a father's name may be registered on the child's birth certificate, this does not give him any guardianship rights in respect of his child).

The father was never given legal gardianship trough the court

st205hunter · 24-08-2018 09:17PM

happywithlife wrote: »

my sister is married and her husband step father to my nephew. as far as I know the biological father still pays maintainence though I think it was reduced when she married. biological father was never in the picture

Is your nephew's step father a legally appointed guardian by the court ad well as being your sisters husband

KERSPLAT! · 24-08-2018 09:19PM

st205hunter wrote: »

The father was never given legal gardianship trough the court

"What are my legal responsibilities in respect of my child?

All fathers have a legal responsibility to financially maintain their child. This applies whether or not the father is a legal guardian or whether or not his name is on his child’s birth certificate."

From here;

http://www.treoir.ie/groups/father/

You seem to be searching for the answer you want instead of the actual answer to the question.

st205hunter · 25-08-2018 12:00AM

KERSPLAT! wrote: »

"What are my legal responsibilities in respect of my child?

All fathers have a legal responsibility to financially maintain their child. This applies whether or not the father is a legal guardian or whether or not his name is on his child’s birth certificate."

From here;

http://www.treoir.ie/groups/father/

You seem to be searching for the answer you want instead of the actual answer to the question.

Maybe your right cause iv read everything on treoir & citizens information and ucc law pages on family law and im still unclear. I even went to the citizen's information office and they told me there was no difference between giving over legal guardianship and adoption and that i have no legal rights now or responsibility......... and im thinking thats bad advice. Im just goin to go to a family law solicitor next week.
Either way i intend to give money to maintain my child its only right but thats the moral thing

So what are the legal responsibility of the new second legal guardian the stepfather.

This is from citizens information
if you are a guardian of a child in Ireland, you have a duty to maintain and properly care for the child and you have a right to make decisions about the child's religious and secular education, health requirements and general welfare.

Carawaystick · 26-08-2018 12:48AM

Stanford wrote: »

Can you briefly explain how the biological father has somehow been exempted from being a legal guardian?

I know a Norweigan woman who uses a Danish donor, her wife uses the same donor, so their kids are blood related. They don't know who he is, hard to see how the irish legal system would know to make him a legal guardian.

sexmag · 26-08-2018 08:58AM

st205hunter wrote: »

I even went to the citizen's information office and they told me there was no difference between giving over legal guardianship and adoption and that i have no legal rights now or responsibility

This is awful advice from them.

I'll state it clear,unless the husband of the child's mother legally adopts the child then the biological father still is financially responsible for the child

The husband having legal Guardianship only mean he can make decisions on the child's behalf and has a right to fight for custody should the mother pass

st205hunter · 26-08-2018 09:24AM

sexmag wrote: »

This is awful advice from them.

I'll state it clear,unless the husband of the child's mother legally adopts the child then the biological father still is financially responsible for the child

The husband having legal Guardianship only mean he can make decisions on the child's behalf and has a right to fight for custody should the mother pass

Ok thats the kind of black and white answer i was looking for. Thank you

who pays maintenance

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