Maintenance Payable For Children In The Republic Of Ireland Written on January 27, 2010, by Eoin Cullina.
Many people ask what is the amount of maintenance payable for a child in Ireland? There are no maintenance scales or suggested amounts for maintenance available anywhere. It depends on the needs of any children and the financial circumstances of the parents involved.
Child maintenance in the Republic of Ireland is governed by several pieces of legislation.
Maintenance of Spouses and Children’s Act, The Judicial Separation and Family Law Reform Act of 1989, The Family Law Act 1995 and The Family Law (Divorce) Act of 1996 all cover the laws relating to child maintenance.
The District Court, Circuit Court and High Courts all have the authority to make maintenance orders. Maintenance Orders can be made in favour of either spouses and/or children of a marriage or a relationship.
A couple who are separating can discuss and agree maintenance arrangements by engaging in mediation. This is avoids costly court proceedings.
Any terms agreed between the parties at mediation can be inserted into a Separation Agreement (outside of court) or incorporated into a consent court order. Your family lawyer will advise you as to which is the more favourable of the two alternatives.
Separating couples should take tax advice on maintenance proposals before agreeing and implementing same. Advices can be taken from your solicitor, barrister or accountant regarding tax.
MABS provide advice to separating couples concerning maintenance payments and social welfare entitlements.
Maintenance applications can be brought in either the District Court, Circuit Court or High Courts depending on the size of the case involved. The legal costs associated with attending each of these three courts varies greatly.
The courts take several factors into account when considering maintenance applications. These factors include amongst others; the income and expenditure of the applicant and respondent, their respective assets and debts/liabilities.
Families can agree their maintenance arrangements inside the mediation process after completing their “financial summary” documentation.
Matters can be agreed outside of the courts in the process. The process will allow parties to review their financial needs and more importantly the needs of the children on an ongoing basis. It provides a private forum for parties to discuss and agree maintenance arrangements with the help of a third party without the necessity of getting involved in court proceedings.
For more information visit our website. Links to same are listed below. You can also find links to all the related legislation on the Irish Government website.
Eoin Cullina is a Mediator with Family Mediation Ireland (FMI) who provide private client divorce mediation services. FMI help couples agree arrangements regarding their children to include child support.
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