How Much Maintenance Should I Pay?
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.
How much should a father pay for child maintenance in Ireland?
The court may order the non-resident parent* to pay a regular amount based on income and expenses. The maximum that the District Court can order from either parent is
€150 per week for each child
.
How much maintenance Should a father pay for one child?
On the basic rate, if you're paying for: one child, you'll pay
12% of your gross weekly income
. two children, you'll pay 16% of your gross weekly income.
What should child maintenance be paid?
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.
How do you calculate child maintenance?
In the below example,
each child will be allocated 25% percent of the total expense shared by the three members of the household
. 25% for Child 1 + 25% for Child 2 + 50% for Adult = 100% of household expense.
When Should child maintenance stop?
Sixteen is the minimum age when child maintenance stops
. If you have other children who are over 16 years old and are not in approved education (see below), you will still have to pay child maintenance for the child who is under 16.
Do fathers legally have to pay child maintenance?
Arranging child maintenance
When possible, you should make sure your child is looked after by having an effective maintenance arrangement in place.
Both parents are legally responsible for the financial costs of bringing up their children
, even parents who don't live with their children.
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.
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.
Do I have to pay child maintenance if it's 50 50 custody?
If you have shared care for at least 52 nights a year, you don't need to pay any child maintenance
.
Do I still pay child maintenance if my ex remarries?
The answer is no.
When parents divorce, the absent parent (“paying parent”) is obliged by law to pay child maintenance to the parent caring for the child (“receiving parent”)
.
Do I have to pay more than child maintenance?
Yes, you are not obliged to pay anything more than your child maintenance sum
. I would however encourage you to consider any requests on a case by case basis. Ultimately the money is to pay for your child and so you may want to pay a little extra on one-off occasions so that your child doesn't go without.
Can child maintenance be reduced?
If payments are reduced or stopped (unless agreed between you), you will be in breach of the court order
. If you genuinely can't meet payments because your income has fallen, you can ask the court to reduce the amount of child maintenance you need to pay.
What can be deducted from child maintenance?
- the cost of keeping in regular contact with the child or children you pay child maintenance for – for example, the cost of fuel to travel between your home and the child's home.
- costs to support children who live with you if they have a disability or a long-term illness.
How do I calculate child maintenance when self employed?
To find out how much child maintenance is, the CMS (child maintenance service) will identify what you are required to pay based on your earnings, which is worked out by looking at average weekly earnings based on the most recent tax year and the paying parent's tax return.
How do you win a maintenance case?
- Capable of working ( Add the info past and present job details )
- Well Qualified ( add the info of her education )
- Prima Face Case.
- Approach the Court with Unclean Hand.
- Deserted to Husband without sufficient cause.
What can I expect at maintenance court?
A maintenance officer and an investigator will
investigate your claim and look into your circumstances
. The court will serve a summons (a letter instructing a person to come to court) on the respondent (the person against whom the claim is brought) to appear in court on a specific date to discuss the matter.
What happens if a father Cannot pay maintenance?
[1] If a parent is unemployed and does not receive an income
the Maintenance Court may order that assets be attached and sold to pay for the maintenance of the minor child
. In the worst-case scenario failure to pay maintenance can also be deemed a criminal offence and may be susceptible to criminal prosecution.
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.
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.
How far back can child maintenance 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
.
Can you go to jail for not paying maintenance?
If maintenance isn't paid,
the court can take the money from the maintenance payer's salary, their investment account, auction their property or issue a warrant of arrest
.
How much do you get for parenting payment?
Your partner can have income up to $1,157 gross each fortnight before it affects your payment. You'll get either of the following:
$585.30
.
$691.00 if you're separated due to illness, respite care or prison
.
Does my ex have to pay half the mortgage and child support?
Married: If you are married to the child's parent then it does not matter who owns the family home.
If the child support does not cover the mortgage payments and household bills, your ex-spouse could apply for spousal maintenance.
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.
