What are maintenance payments?
Both parents have a legal obligation to financially support their child up to the age of 18, or up to the age of 23 if their child is in full-time education.
In cases of separation or divorce, maintenance payments are payments made on a weekly, fortnightly, or monthly basis made in respect of dependent children between a couple. Maintenance payments can also be paid in a lump sum.
Regardless of marital status, it is the legal responsibility of all parents to financially support their children.
How much is a maintenance payment?
This is entirely dependent on the circumstances and can be based on the individual income and expenses of each parent. There is no legal formula for calculating maintenance payments in Ireland, and is often decided mutually between the parents as to the total amount.
If the amount cannot be decided upon between the parties, the Court may then decide who and how much should be awarded. The Court will consider a variety of factors, including the income, earning capacity, property, other financial responsibilities, and the overall financial resources of both parents.
What if the maintenance agreement between the parents fails at a later date?
While parents can agree maintenance payments between one another privately, this means that the agreement is not legally binding and may be contested by either party at any point.
In order to avoid such a scenario, either parent may apply for a maintenance order by submitting an application to the District Court, Circuit Court, or the High Court for exceptional cases.
In the event that either parent contravenes the terms of the court order, an attachment of earnings order can be sought from the court. An attachment of earnings order would mean that the maintenance amount would be deducted at source by the parent’s/spouse’s/civil partner’s employer.
Can a maintenance order be appealed?
Should you wish to appeal the terms of a maintenance order, you have 14 days in which to do so upon the order being granted. An extension of this 14 days can be sought by applying to the Circuit Court.
Before deciding to appeal the order, however, it is strongly recommended that you first seek legal counsel.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
