If ordered to pay maintenance the order will remain in place up until the child reaches the age of
18
(unless the order has been varied or terminated by the court).
How is child maintenance calculated in Ireland?
There is no scientific formula for calculating maintenance in Ireland
. This means that every situation is different and will be considered on its own facts. You need to consider earnings, as well as expenses such as food, housing, medical, education, transport and clothing.
What is child maintenance in Ireland?
Under Irish law, both parents are legally required to provide financially for their children, regardless of their relationship with one another.
If you and your child's other parent are separated and you have custody of your child, you are entitled to receive child maintenance
.
Can child maintenance be backdated?
All in all,
child maintenance can be backdated for a long period
, but there's no definitive answer as to how long. Essentially, it depends on the individual case and circumstances, and it might mean going to court to resolve the situation.
When Should child maintenance stop?
You're normally expected to pay child maintenance
until your child is 16, or until they're 20 if they're in school or college full-time studying for: A-levels
.
Highers, or
.
equivalent
.
Do I have to pay child maintenance if my ex gets married?
Whether or not you have remarried, or your ex-partner has remarried,
does not affect the obligation to continue paying child maintenance
.
Does a father have to pay maintenance if he doesn't see the child?
If you're the child's parent,
you have to pay maintenance even if you don't see them
. Paying maintenance doesn't mean you have a right to see the child. If you'd like to see them, you should first try to agree with the person who's looking after them.
Can Social Welfare make you pay maintenance?
How maintenance is assessed for a child with a means-tested social assistance payment. If you are getting Jobseeker's Allowance
any maintenance paid to your parent on your behalf is assessed as benefit and privilege against you
.
Do I have to support my wife during separation?
If you're in the process of filing for divorce,
you may be entitled to, or obligated to pay, temporary alimony while legally separated
. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.
What happens if child maintenance is not paid?
CMS can take you to court over unpaid child maintenance
. They can apply for a court order to take legal action. This is a ‘liability order'. If the court grants the order, CMS can then legal action against you.
What are child maintenance payments meant to cover?
What Does Child Maintenance Cover? Child maintenance covers
the cost of the everyday care of the child, such as food, clothes, and housing
. Expenses such as school fees do not fall under child maintenance – parents who are getting a divorce can make a “Family Based Arrangement” to deal with costs like this.
What happens if maintenance is not paid in Ireland?
Court ordered maintenance is usually paid through the District Court office for the first 12 months to make sure it is being paid as ordered. If payments are missed,
a breach of maintenance summons may be issued by the court which can lead to imprisonment if the arrears are significantly high
.
Can maintenance be paid directly to the child?
When the court makes a child maintenance order it can direct that the payment shall be made through the District Court Clerk rather than directly to the other parent
. Once payment is received in the court office it is sent to the receiving parent.
Can you be forced to pay child maintenance?
Arrangements for child maintenance made by way of agreement are not legally enforceable
. This means that if the non-resident parent decides to reduce or stop their maintenance payments you cannot force them to stick to the agreement.
How many years can CSA be backdated?
If an application is made with the CSA, your responsibility to pay will start from around the time the CSA contact you.
If the child's mother had previously opened a case fifteen years ago with the CSA then they may be backdated payments owed
.
How far back can CMS backdate?
The CMS will backdate the new amount to the date they first said you had to pay child maintenance
. The CMS can only do this if you tell them either: before they make the calculation. within 30 days of being told of the amount of the calculation.
How far back can CSA claim arrears?
Is there a CSA arrears time limit? Generally speaking,
there is no time limit on when the CMS or CSA can collect your arrears
. Usually, they will try to collect it within two years of you falling behind with your payments.
Does child maintenance stop on 20th birthday?
If they choose to continue in what is known as “approved education”, child maintenance does not stop and will continue until they turn 20
(as long as they remain in approved education).
Does child maintenance stop on 18th birthday?
The child maintenance endpoint is the age of 18 or when the child finishes their A-levels
. Nonetheless, even though there is an agreement that financial support stops later, this does not cover university education.
Do I pay maintenance for a child at university?
Child maintenance payments (as dealt with by the Child Maintenance Service), will cease when the child involved is aged 16 or when they finish full time secondary education (college education)
, potentially then leaving a shortfall when the child goes to university.
Does child maintenance change if you move in with someone?
If you're receiving child maintenance from your child's other parent,
there don't need to be any changes to your arrangement, unless your children are going to be spending a different amount of time with their other parent
.
Can I claim tax relief on child maintenance payments?
It is possible to claim tax relief on maintenance payments you make to a former spouse or civil partner
. The tax relief will reduce the income tax that you pay, so if you don't pay tax the relief will have no benefit.
Do you pay child maintenance if your ex is cohabiting?
When someone remarries, maintenance payments cease, but
in cohabitation the rules are different
. Current law therefore requires a review of all the circumstances, but not an automatic cut-off of maintenance payments simply because a couple is living together.
Does child maintenance affect child tax credits?
Receiving parent on benefits
If you are a receiving parent and get any social security benefits, you will be able to keep all child maintenance paid as it does not affect any of the benefits you claim.
It will also not affect any housing benefit or tax credits awards you receive
.
Do I have to pay child maintenance if I'm not on the birth certificate?
If an unwed father is not listed on the birth certificate, he has no legal rights to the child. This includes
no obligation to paying child support
and no rights to visitation to custody or child support. If no father is listed on the birth certificate, the mother has sole legal rights and responsibility of the child.
