Child Maintenance In The Republic of Ireland
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.
The legislation relating maintenance in Ireland is governed by several Acts of the Oireachtais.
The Maintenance of Spouses and Children’s Act sets out the primary laws in the area of maintenance in Ireland. Provisions relating to maintenance are also covered in several other pieces of legislation to include; The Judicial Separation and Family Law Reform Act of 1989, The Family Law Act 1995 and The Family Law (Divorce) Act 1996.
Three courts in Ireland makes most maintenance orders: the District Court, Circuit Court and the High Court. Either spouses and/or children of a marriage or a relationship can be the subject of maintenance orders.
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 parties can either be inserted into a Legal Separation Agreement (outside of the court) or ruled on consent (in court). Your legal counsel will advise you as to which is the more practical of the two alternatives.
Maintenance payments can have tax implications for separating couples and accordingly is important to check out how you will be taxed when you pay or receive maintenance. Same can be discussed with your solicitor, barrister or accountant where appropriate.
The MABS also provide information to couples regarding maintenance and social welfare entitlements in a marriage breakdown situation.
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 numerous factors into account when considering applications for maintenance to include the income and expenditure of the applicant and respondent respectively, their assets and their debts/liabilities.
Families can agree their maintenance arrangements inside the mediation process after completing their “financial summary” documentation.
The mediation process facilitates parties in reviewing their financial needs and the needs of their children on an on-going basis. It provides a forum for parties to discuss and agree maintenance arrangements with the help of a third party. This is completed in a private and safe environment without the necessity of protracted and costly court proceedings.
For further information on mediation you can visit our website at the links below. Furthermore, you can find links to all the related Acts of the Oireachtais on the Irish Government website.
