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 is maintenance calculated in 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.
What is a reasonable amount of child maintenance?
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.
What does child maintenance include?
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.
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.
At what age do fathers stop paying maintenance?
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.
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.
How is maintenance calculated?
The maintenance amount is calculated
by taking into account the total monthly take home income (ie. without tax) of both the spouses
. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount.
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.
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.
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 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 have to pay child maintenance if my ex wife remarried?
Whether or not you have remarried, or your ex-partner has remarried,
does not affect the obligation to continue paying child maintenance
.
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 child maintenance covers Ireland?
Child maintenance is meant to cover
the child's everyday living costs, which can include food, clothes, a place to live and more
. Child maintenance can be paid by either parent or by both parents if another relative or guardian has custody of the child3.
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.
What happens if a paying parent doesn't pay child maintenance?
Under a child maintenance arrangement, child maintenance is usually paid by the parent who does not have day-to-day care of the child or does not usually live with the child. If this payment is not forthcoming,
the receiving parent could launch a civil legal claim
.
What happens if you dont pay child maintenance?
If you have child maintenance payments that are outstanding,
the CMS can take you court to collect the unpaid amount
. They can apply for a ‘liability order' and if the court grants it, legal action will be taken against you.
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
.
Is child maintenance mandatory?
“Child Maintenance is a monthly payment given to the parent who usually provides the day-to-day care of the child and is
a legal requirement
.
Does child support end at 18?
In most states, child support ends when the child reaches age 18, goes off to college, dies, or gets married
. Some states, however, allow child support to continue beyond the age of 18 in certain circumstances, such as if the child is still living at home and attending high school, or if the child has special needs.
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
.
