If you have shared care for at least 52 nights a year, you don't need to pay any child maintenance
.
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.
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
.
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 declare my child maintenance?
If you're making a benefit claim,
you should always report your child maintenance arrangements to your Jobs and Benefits office
, including how much you are receiving and how often you receive it, even if you don't think it will affect your claim.
Do mothers have more rights than fathers UK?
The short answer to your question is yes,
fathers do have the same parental rights as mothers
. However, you should know that in the UK, whereas a mum automatically obtains parental responsibility as soon as her child is born, the situation is a bit more complicated for the dad.
Do I have to pay child maintenance if I have my child half the time?
the vast majority of parents assume that the parent who earns more than the other will pay child maintenance. That's not right as under complicated child maintenance law rules
if both parents equally share the care of their children neither parent will pay child maintenance to the other 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 a father 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.
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 happens if the father doesn't pay child support?
A liability order allows the CMS to take legal action against the paying parent to recover the debt. They could:
Negotiate payment using bailiffs, or ask them to seize and sell the paying parent's belongings
. Use an ‘order for sale' to sell the paying parent's assets or property and take the proceeds.
How much money should a father pay for child support?
one child, you'll pay
12% of your gross weekly income
. two children, you'll pay 16% of your gross weekly income.
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.
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.
Does marriage affect child maintenance?
Whether or not you have remarried, or your ex-partner has remarried,
does not affect the obligation to continue paying 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.
Can I go after my ex husband's new wife for child support UK?
There are no grounds for reducing child maintenance on the basis that your ex-wife is living with a new partner
. Your obligation to pay child maintenance continues regardless of your ex-wife's circumstances.
Does child maintenance include clothes?
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.
We call it ‘shared care' if a child stays overnight with the paying parent+. If shared care happens for an average of one night a week or more (
at least 52 nights a year
), this can affect child maintenance payments.
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.
How often should a dad see his child?
Each family is unique and reasonable access for fathers depends on the individual circumstances.
Some fathers see their children every day, while others might see them just once a month
. Parents might share responsibilities and alternate weekend contact, or some fathers may have weekend contact every week.
Can a mother stop a father from seeing child UK?
According to UK law, the child has the right of meeting both parents. Also, both the father and the mother have a right to partaking in parenting. Therefore,
a mother cannot prevent a father from meeting the child unless doing so predisposes the child to risks
.
Can a dad take his child from the mother UK?
If there are genuine concerns about the child's safety and/or wellbeing when the child is with the mother,
the father can remove the child from the mother
but the father must make an emergency application to the court to get the current arrangements changed prior to removing the child.
How old does a baby have to be to stay overnight with Father UK?
The welfare of the child is always the court's top priority, so those under 18 months old are considered suitable to visit their father (or noncustodial parent) for a few hours at a time, but due to their need for routine and familiarity,
overnight stays are generally not recommended
.
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.
What is classed 50/50 custody?
Alternating weeks are one of the simplest 50/50 schedules. In this pattern,
one week is spent with Parent A while the following week is spent with Parent B
. This keeps parenting exchanges to an absolute minimum while still allowing both parents to have robust relationships with their children.
