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Child mainentance for legal adults

  • 24-11-2020 3:29pm
    #1
    Clauric
    Registered Users, Registered Users 2 Posts: 610 ✭✭✭


    Asking for a friend who is not very tech-savvy.

    Background:
    The has a 19-year-old son with his ex-girlfriend. The son is in college doing a PLC course. There is a court order in place from when the child was 12, stating that he has to pay €xxx per week (a criminal amount and more than the dole), and 50% of medical, dental, and schooling costs. He also has to maintain a dental and medical insurance policy for the son, at a particular level.

    Situation:
    The ex has just contacted him demanding that he pays for orthodontic care for the son. The initial consultation is about €150, and the orthodontist does not bill VHI directly. She is demanding that he pays his half of the initial consultation fee. The issue is that VHI has a policy (implemented under GDPR) that all people covered under their policies, and over the age of 18, must submit their own claims. This means that if his son submits a claim for the €150, he will get it reimbursed by VHI with no questions. However, if the father submits the claim for €150, or even the €75, it will be denied.

    Issue:
    The mother is saying that the court order for the son is still in effect, and the father must pay. She is also saying that she will claim back the full amount from the VHI, in effect giving her a 50% profit on this claim.

    The father is wondering if this part of the court order is still in effect, given that the child is now over the age of 18?

    Note:
    The father did have a solicitor 7 years ago, but they have since died. As they have not gone back to court since there has been no need for legal representation. In addition, with COVID, he has lost his job, and can't really afford the €100 or so needed to see a solicitor. He would probably get the free legal aid if they did go back to court.


Comments

  • #2
    paw patrol
    Registered Users, Registered Users 2 Posts: 2,312 ✭✭✭paw patrol


    all orders that I've seen (and my own) have an end date built in to them.
    the standard clause was which was similar to the time your friend signed his - was till 18 or if in full time education till 23.

    Unsure if your friend has a similar clause but was the normal clause.He must have his own copy. surely.
    he probably is liable for this cost.

    If I was him, I would only give the ex the cost less the refund and tell her that's all she is getting.

    See what she does with that.
    Is she going to court to admit trying to profit 75e on her ex's maintenance? She'd be stupid too.

    However he can also claim back his cost on his tax return for the year - he will be entitled to 20% refund for his dependent - he needs a copy of the receipt. If his ex still submits the full claim knowing he did this and told her this , she is liable to be done for fraud. That's her business.

    But something doesn't add up for me - unless his ex has a super health plan - I've never know the initial consultation to be cover by Irish Health insurer.


  • #3
    Lenar3556
    Registered Users, Registered Users 2 Posts: 1,523 ✭✭✭Lenar3556


    paw patrol wrote: »
    all orders that I've seen (and my own) have an end date built in to them.
    the standard clause was which was similar to the time your friend signed his - was till 18 or if in full time education till 23.

    Unsure if your friend has a similar clause but was the normal clause.He must have his own copy. surely.
    he probably is liable for this cost.

    If I was him, I would only give the ex the cost less the refund and tell her that's all she is getting.

    See what she does with that.
    Is she going to court to admit trying to profit 75e on her ex's maintenance? She'd be stupid too.

    However he can also claim back his cost on his tax return for the year - he will be entitled to 20% refund for his dependent - he needs a copy of the receipt. If his ex still submits the full claim knowing he did this and told her this , she is liable to be done for fraud. That's her business.

    But something doesn't add up for me - unless his ex has a super health plan - I've never know the initial consultation to be cover by Irish Health insurer.

    It says he maintains a dental health insurance plan. Expensive! And surprised that a court ordered that, unless there were particular circumstances.

    The fact that he is currently unemployed, may allow him opportunity to have the order amended to something more sustainable, if in fact the original order was ‘criminal’. He would need to make application in this regard to the district court. He really should speak with a solicitor.


  • #4
    Clauric
    Registered Users, Registered Users 2 Posts: 610 ✭✭✭Clauric


    Lenar3556 wrote: »
    It says he maintains a dental health insurance plan. Expensive! And surprised that a court ordered that, unless there were particular circumstances.

    The fact that he is currently unemployed, may allow him opportunity to have the order amended to something more sustainable, if in fact the original order was ‘criminal’. He would need to make application in this regard to the district court. He really should speak with a solicitor.

    By criminal, he was ordered to pay approximately €10,000 a year, on a pre-tax salary of €35,000 - €40,000.


  • #5
    paw patrol
    Registered Users, Registered Users 2 Posts: 2,312 ✭✭✭paw patrol


    Clauric wrote: »
    By criminal, he was ordered to pay approximately €10,000 a year, on a pre-tax salary of €35,000 - €40,000.


    I pay 1/3 of that and earn almost 3 times his salary- I know I got a good deal but there are limits. No fella I know pays that for 1 child - that's 833 approx per month - his take home would be about 2200 on that salary.

    no kid costs that and no court would order that amount - i've known a few lads taken to the cleaners by family court and it's nothing near that amount.

    I regret taking the time to reply tbh - cos this post is nonsense.
    either you are lying or your friend is lying to you.


    is you friend your lover?
    cos the only explanation that i can see that they are lying to YOU about money and covering their track with this horse**** story


  • #6
    Clauric
    Registered Users, Registered Users 2 Posts: 610 ✭✭✭Clauric


    paw patrol wrote: »
    I pay 1/3 of that and earn almost 3 times his salary- I know I got a good deal but there are limits. No fella I know pays that for 1 child - that's 833 approx per month - his take home would be about 2200 on that salary.

    no kid costs that and no court would order that amount - i've known a few lads taken to the cleaners by family court and it's nothing near that amount.

    I regret taking the time to reply tbh - cos this post is nonsense.
    either you are lying or your friend is lying to you.


    is you friend your lover?
    cos the only explanation that i can see that they are lying to YOU about money and covering their track with this horse**** story

    Not going to get into an argument with you. Unfortunately for him, it's true. I've seen the copy of the paperwork myself. I pay half of that amount and I earn a considerable amount more than he does. Think he was advised to challenge it in the circuit court, but he didn't have the will to do it.


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  • #7
    paw patrol
    Registered Users, Registered Users 2 Posts: 2,312 ✭✭✭paw patrol


    Clauric wrote: »
    Not going to get into an argument with you. Unfortunately for him, it's true. I've seen the copy of the paperwork myself. I pay half of that amount and I earn a considerable amount more than he does. Think he was advised to challenge it in the circuit court, but he didn't have the will to do it.


    ok fair enough , I take back my accusations - annoyance

    sorry, just seems bizarre in the extreme


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