What is maintenance ?
Maintenance is financial support paid by a person for the benefit of a dependent spouse/civil partner and/or dependent children. Spouses/civil partners are required to maintain each other according to their means and needs. Parents, whether married or not, are responsible for the maintenance of their dependent children.
If the parties cannot reach an agreement about maintenance an application can be made to the court for a maintenance order.
Maintenance for spouses/civil partners
A spouse/civil partner applying to the court for maintenance must establish that the other spouse/civil partner has failed to provide such maintenance as is proper in the circumstances. The court decides what maintenance is proper in the circumstances of each individual case.
Maintenance of children
Both parents have a responsibility to support their children financially. This applies to all parents, whether married, separated, living together or if they have never lived together. The parent with custody of the children has to take care of them and look after their day-to-day needs. The parent who does not have custody usually has to pay money to the parent with custody. This is to help cover the costs of taking care of the children.
Who can apply for maintenance?
Parents, whether married or not, can apply for maintenance from the other parent for their children. A parent, legal guardian, health board or any person holding legal status in relation to a dependent child can apply for maintenance for the child.
A spouse/civil partner can apply for maintenance for themselves even if they are living with the other spouse/civil partner.
Age limits
A dependent child is a child under eighteen years of age, or a child under 23 who is in full time education, or a child of any age who is dependant on its parents due to disability.
Child Maintenance limits
Outside of the Court
There is no limit on the amount of maintenance payable which is agreed by informal arrangements made outside of the court.
From the court
The maximum that the District Court can order for maintenance of a child is €150 per week from either parent.
The maximum that the District Court can order a spouse/civil partner to pay for the other spouse is €500 per week.
A parent can seek a contribution from the other parent towards expenses related to the birth of a child, or funeral expenses if a dependent child dies. The maximum that can be awarded in the District Court in each of these circumstances is €2,000. A parent can also seek special one-off lump sum payments (for example, at Christmas time or at the start of the school year) from the District Court up to a maximum of €6,350.
If greater amounts are sought then it is necessary to apply to the Circuit Court or the High Court.
How to apply for a maintenance order
Most applications for maintenance are made in the District Court. You can engage a solicitor to make an application on your behalf or you can make the application yourself. You may be entitled to legal aid.
If you choose not to engage a solicitor you will need to contact the District Court office in the area where you live to issue a maintenance summons. Court staff cannot tell you how to complete the summons.
The summons must be served on the respondent at least fourteen days or, where service is by registered prepaid post, at least twenty-one days, before the date of the court hearing. After service, the original summons, together with a statutory declaration as to service, with proof of postage attached, must be lodged with the District Court clerk at least two days before the date of the court hearing. You must also attend in court on the day to make your application.
Initial Advice Consultation
Contact Details:
1. Call us on 052 61 21999 between the hours of 9 am to 5 pm – Monday to Friday.
2. Email us – info@clearysolicitors.com – with a contact number and we will call you back.
3. Fill out our online Enquiry Form.
[maxbutton id=”2″]
DISCLAIMER
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.