Maintenance
A must read (The Maintenance Recovery Section Information Fact Sheet)

Maintenance Recovery
Where one parent is receiving One-Parent Family Payment and the no-custodial parent is being requested by the Department of Social and Family Affairs to pay maintenance, it should be noted that if the no-custodial parent pays the maintenance directly to the Department then the custodial parent will NOT benefit in any way. The custodial parent is entitled to keep half of the amount of any maintenance that the no-custodial parent pays but the Department has NO mechanism to repay the half to the custodial parent that they are due.

If maintenance is paid directly to the custodial parent then the One-Parent Family Payment is reduced by half the amount of maintenance. However, the risk is that the maintenance payments may be erratic.

Amended Maintenance of Spouses and Children) Act Oct 2002

Maintenance is financial support paid by a person for the benefit of a dependant spouse and / or dependant children.

Spouses are required to maintain each other having regard to their means and needs.
A spouse can apply for maintenance even if living with the other spouse.

Parents, whether married or not, are responsible for the maintenance of their children.

A parent, legal guardian, health board or any person holding legal status in relation to a child may apply for maintenance.

A dependent child is a child under eighteen years, a child under twenty-three years who is in full time education, or a child dependent on its parents due to a disability.

Rearing a child is expensive. It is a good idea to talk over how both parents can share in providing financially for their child - either through a voluntary maintenance agreement or through court proceedings. Paying maintenance does not in itself give a parent any access or guardianship rights.

 

Maintenance and the One-parent Family Payment
Maintenance in various courts
Payment of maintenance
Enforcement of maintenance
Social welfare benefits
Variation or discharge of maintenance order
Maintenance and Marriage
Maintenance against persons outside Ireland
Lump Sum for Birth/Funeral Expenses
Restriction on Disposal of Household Chattels
Taxation
Divorced person
Appeals


 

 

Maintenance in various courts
Where parties cannot agree maintenance, it is necessary to apply to the District
or Circuit Court depending on the amount of maintenance being sought.

At present, (October 2002) the District Court may award any amount up to €500.00 per week for a spouse and €150.00 per week for each child. If greater amounts are sought, it is necessary to apply to the Circuit Court.

Both the District and Circuit Court can make lump sum orders for maintenance although, at present, the District Court cannot make an order for more than €6348.69eur.

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Payment of maintenance
A maintenance order may direct one party to pay maintenance directly to the other party. Alternatively, the court may order that maintenance be paid through the District Court clerk who then passes it on to the receiving party. The advantage of this is that, where maintenance is in arrears, the District Court clerk will try to enforce payment, rather than the receiving party having to do it.

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Enforcement of maintenance
If the paying party fails to pay maintenance in accordance with a court order, the party who is not receiving the maintenance can apply to court for:-

Attachment of Earnings Summons

an attachment of earnings order. This can only be made if the paying party is employed. The attachment of earnings order directs his/her employer to deduct the maintenance from his / her earnings and send it to the court clerk or the receiving party;

or

Enforcement Summons

an enforcement order for arrears of maintenance. This can be made whether or not the paying party is employed. (only 6 months arrears can be enforced)

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Social welfare benefits
Where a person, who is entitled to claim maintenance from another, applies for social welfare payments, the Department of Social, Community and Family Affairs may require that person to apply for maintenance.

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Variation or discharge of maintenance order
A person paying or receiving maintenance may reapply to the court that made the maintenance order for a variation or discharge of the order. Variation refers to a change in the amount of maintenance, for example, a party might seek a greater amount. Discharging a maintenance order means ending the obligation to pay. Generally, these applications are made where there has been a change in either parties' circumstances since the order was first made.

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Maintenance and Marriage
If the mother marries a man other than the father of the child, but does not adopt the child, then the father may still be obliged to maintain the child. If the child is adopted the maintenance obligation of the father ceases.

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Maintenance against persons outside Ireland
It is possible to get and enforce a maintenance order against persons living in certain foreign countries.
If the other parent lives in the UK you can apply for maintenance to the local district court in Ireland.
You must have an address for the father in order that a summons can be services. The court clerk will take you through the process.

If the other parent lives in any other country contact the Central Authority for Maintenance Recovery.
If the other parents country is a signatory to the UN Convention on maintenance Recovery or is a "designated jurisdiction" then you will be asked to complete an application form which the Central Authority for Maintenance Recovery will transmit to the relevant authority in the country in which the other parent resides. Then the process of seeking maintenance will begin. It should be noted that it is likely to be a lengthy process. Generally there is no cost involved.
Check this out: (Recovering Maintenance from Abroad)

CENTRAL AUTHORITY FOR MAINTENANCE RECOVERY
43/49 Mespil Road, Dublin 4.
Tel: 01 - 667 0344.
E-mail: maintenance_recovery@justice.ie

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Lump Sum for Birth/Funeral Expenses
The District Court may make a lump sum order not exceeding €2000.00 in respect of birth expenses of a dependent child and €2000.00 in respect of funeral expenses of a dependent child.

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Taxation
A separated couple are still spouses. They may continue to be taxed as a married couple (if they are both living in the State). Alternatively, a spouse may decide to be taxed as a separated person.
Maintenance payments are not tax deductible.

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Divorced person
A divorced person is a single person and is taxed as such.

Full details of the different taxation options, which change annually, are available from the Revenue Commissioners. >>>Click Here<<<

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Appeals
If you wish to appeal the decision of the court you can do so within 14 days

or

apply for extension of time to appeal.

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Maintenance and the One-parent Family Payment
An unmarried parent claiming One-Parent Family Payment will be required to seek maintenance from the other parent and OFP will be reduced accordingly if maintenance is paid.
However, you will be allowed to keep 50% of the maintenance, any rent or mortgage paid can be offset against the other 50% of the maintenance
. Read the link below:

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Restriction on Disposal of Household Chattels
When it appears to the Court, on application of a spouse, that there are reasonable grounds for believing that the other spouse intends to sell, lease, pledge, charge or otherwise dispose of or to remove such a number or proportion of the household chattels in a Family home as would be likely to make it difficult for the applicant spouse or a dependant child of the family to reside in the family home without undue hardship, the Court may by order prohibit on such terms as it may see fit, the other spouse from making such intended disposition or removal. The above restriction also applies where matrimonial proceedings have been instituted by either spouse and applies until the proceedings have been finally determined unless the spouse consents or the Court grants permission to do so.

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LATEST NEWS :

The Department of Social and Family Affairs 29/04/2003
€77.5 Million Saved by Anti-fraud Measures

Irish Independent 18/03/03
€8.5m saved after investigators trace parents dodging support

Department of Social, Community and Family Affairs 2003
Letters been sent out by Department of Social and Family Affairs to Ex-partners.

Department of Social, Community and Family Affairs, 2nd January 2001
Lone Parents To Benefit From Maintenance Proposal

 

 

 

The material on these pages is for information only and is not legal advice.

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