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 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.
How does child maintenance work in Ireland?
Under Irish law
both parents have a duty to financially maintain their dependent children up to the age of 18, or up to the age of 23 if the child is in full time education
. In many cases, informal arrangements are made between parents but if this is not possible mediation is one route to try and reach an agreement.
How much maintenance does a father pay?
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. three or more children, you'll pay 19% of your gross weekly income.
How is maintenance calculated Ireland?
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.
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 much is child maintenance in Ireland?
At present, the District Court can award any amount up to €500 per week for a spouse/civil partner, and
€150 per week
for each child. If sums greater than these amounts are being sought, you will need to apply to the Circuit Court.
What costs are included in child maintenance?
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 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 you do 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.
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.
How long do you pay child maintenance?
- The child is 16 years old.
- The child is 20 years old if they continue in full-time education to the end of A- levels.
Is child maintenance based on gross or net income?
One of the main changes introduced under the new regime is that, for all new applications, the amount of child maintenance payable will now be made by reference to the non-resident parent's (“NRP”)
gross income
. Gross income will be based on gross income figures without any deductions for tax or national insurance.
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
.
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.
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.
How is maintenance determined?
In order to claim for maintenance, you must first determine the reasonable needs of the child on a monthly basis. There is no hard and fast rule, but generally
the child's share of the common expenses in the household is determined by allocating one-part per child and two-parts per adult or older child
.
Is childcare included in child maintenance?
Usually maintenance is a contribution to costs for the parent with the main care of children, made by the non-resident parent. There are no rules for this;
sometimes two people may agree a weekly or monthly cash payment into a bank account and others might agree regular payment of a particular cost such as childcare
.
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 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.
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).
Do I have to support my ex wife after divorce?
As long as the couple remains married, the court does not set a time limit on spousal support
. Maintenance on the other hand, is support the higher-earning spouse pays after the divorce is finalized.
Can child maintenance take money from your bank account?
The CSA can take the money from the parent's bank account, wages or benefits
. If your child's other parent doesn't respond to the CSA's attempts to contact them or doesn't pay the arrears, the CSA may apply to the court for a liability order.
What is child maintenance supposed to be used for?
Child maintenance is money
to help pay for your child's living costs
. It's paid by the parent who doesn't usually live with the child to the person who has most day-to-day care of the child. It's also called ‘child support'.
Does paying the mortgage count as child maintenance?
Some lenders will take into account 100% of child maintenance
. However, some lenders will treat the income as secondary income which means that they would only take 50-60% of the maintenance payments into account when deciding how much they could lend. While other lenders won't take it into consideration at all.
