[Solved] Court ordered maintenance

Hey,

Unless its different in Ireland then court dont get involved with child maintenance, my ex tried to use it against me in my last hearing and the judge wouldnt give it the time of day saying there is nothing she can do about it. Anyways my ex employer told me they cant take anymore than you can afford, stinging you like they used to has been stopped and they can only take what is in your means, i may be wrong on this but its only what i was told. If your paying that then some of it may be backdated earnings. Travelling costs can be taken into account though, you must push that. I am a pretty low earner, not much above min wage, but i have to pay £250 a month due to missed payments this past 12 months.On a personal note, i always pop an extra £25 in her bank with a note saying "gift for daughter", then you can prove to your child that they were always on your mind.

All the best

Paul

Hi There,
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If the court order was written in the UK then the amount set for child maintenance will only stand for 12 months, after that you could either apply through the CMS or make an agreement with your ex, as long as a new payment schedule is set up you can be released from the court order for maintenance after 12 months.
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I'm not sure if this is the same in Irish courts as not sure if they have different laws.
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If you go through CMS (child maintenance services) then they will look at your income and make a schedule around what you earn, you would be able to claim an amount for travel if thravel (as it is) is a great distance, however they still won't look at what your ex earns or what assets she has as the payment is based on your earnings only.
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GTTS

Thanks for the reply,

The main problem ive had is lack of information from the beginning, i couldnt get any straight answers out of the courts before or after the appearance. I attended court believing it was the CMS, its only very recently ive been told CMS is nothing to do with it! No solicitors were keen to get involved in maintenance disputes. I was pulled in to the court completely blind as to what was going on.

Ive been told that the CMS doesnt get involved in my type of case due to my daughter being an Irish resident, i dont know if thats a good thing or a bad thing.

So, does that mean that i will have to reattend court on a yearly basis and declare earnings and outgoing etc over and over again? Pretty sure the letter i recieved from the courts said id have to pay £430 until at least the age of 16.

I hold hope that me and my girls mother could one day reach an amicable agreement when it comes to maintenance. But what is amicable? Shouldnt maintenance be paid based on what a child needs not what a man earns?

Thanks again.

The CMS work on the basis of what the non resident parent earns as otherwise it would mean that every single case would be different, and that would be unmanageable, and it would also come down to arguments as to what is needed and what isn't (and don't forget maintenance is also designed to cover some of the costs of keeping a roof over their heads).

Was the order in a UK court? If so, I don't see that the CMS can't get involved after 12 months if you open a case with them, as long as there isn't an order or similar agency already involved in Ireland- I'd check with them again about this,

Hello Shoes112

If the court order that you have has been in place for over a year and your ex-partner lives in Northern Ireland, then you may be able to make an application to the Child Maintenance Service. However, if your ex-partner lives in Southern Ireland the Child Maintenance Service would not be able to get involved, as it is out of their jurisdiction. This would be looked at by the Reciprocal Enforcement of Maintenance Orders (REMO).

If you have any queries in regards to your current arrangement, you may wish to seek legal advice.

For more information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at http://www.cmoptions.org.

The DWP have a sorting out separation website that you may find useful. It offers help and support to separating and separated families. The link is: https://www.sortingoutseparation.org.uk/.

Regards

William