Tipperary legal queries surrounding maintenance addressed

This is a sensitive family law area, which can be complex when parents and/or spouses are faced with relationship breakdown. We look at some of the common queries we receive surrounding maintenance.

Who pays maintenance?
There is a legal responsibility in Ireland on both spouses to maintain each other, and on parents to maintain their children, in line with their means. 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. Child maintenance is payable for a child up to the age of 18 or to the age of 23 if the child is in full-time education.
If the child has a mental or physical disability to such a degree that it will not be possible for the child to maintain him/herself fully, then there is no age limit on the payments. A standard rate of child support payment does not exist here currently, but the district court has the power to award sums of up to €150 per week per child and up to €500 per week per spouse. If someone is seeking a higher sum than this, they will have to apply through the circuit court.
What may come as a surprise is that even if a parent financially supports a child, it does not give him or her automatic rights of guardianship or access. The courts do, however, always recommend that a child’s welfare takes priority, which generally means having both parents in his/her life.

Assessing maintenance
The courts will look at a number of factors in assessing the level of maintenance including any previous agreements made between the parties. Income, lifestyle prior to the separation and assets are all considered in assessing maintenance in conjunction with the needs of both parties.

Maintenance and tax
Maintenance is tax deductible for anyone who is making the payment. Conversely receiving maintenance is chargeable for the recipient unless it is payable to the children when it will not become liable to tax.

Varying maintenance
It is important to note that one party cannot unilaterally vary maintenance. If you can’t afford to pay maintenance, you can ask the court to vary it. Whilst it is possible to vary maintenance by agreement between the parties, it is important to consider if there are already any court orders in place. Regardless of any agreement, varying maintenance whilst a court order is in place may result in being held in contempt of court.

Maintenance and access
One area that is often complicated by maintenance is access. Maintenance and access are two separate issues, so you cannot withhold maintenance because you are not receiving access or vica versa. Deliberate obstruction of access was changed by legislation in 2017. The new legislation deals with issues surrounding somebody who has a history of obstructing court orders for contact with children. In order to prevent parties from obstructing a court order, the court may look for security. This is then lodged with the court on the provision that the relevant orders are complied with.
If this proves insufficient, the court can also impose a financial penalty if obstruction continues. Where there is a failure to pay maintenance, an attachment order can be sought and enforced by the court.

Contact us
For further advice or if you wish to discuss any other legal area, please contact reception@lynchsolicitors.ie or telephone 052-6124344.
The material contained in this blog is provided for general information purposes only and does not amount to legal or other professional advice. While every care has been taken in the preparation of the information, we advise you to seek specific advice from us about any legal decision or course of action.