Maintenance

Maintenance

There are two types of maintenance which are as follows: –

Child Maintenance

Both parents have a duty to financially maintain their dependent children up to the age of 18, or up to age 23 if the child is in full-time education, or would be in full-time education if maintenance were being paid. If the child has a mental or physical disability to such an extent that it is not reasonably possible for the child to maintain her/himself fully then the duty to financially maintain that child continues indefinitely.

Child maintenance is paid to the parent who has primary care and control of the child/children. Maintenance can be agreed upon between the parties or an application to the court can be made to obtain a court order. The maximum amount that can be ordered in the District Court is €150 per child per week. If a higher amount is sought an application can be made to the Circuit/High Court.

If maintenance under the terms of a court order is not being paid, it is possible to apply to the court for an Enforcement Order.

Spousal Maintenance

Upon separation, a spouse or civil partner may seek spousal maintenance to cover their expenses depending on their financial circumstances. This is a sum of money that is usually paid every week or month by one party to the other either by agreement or under the terms of a court order.

The amount of spousal maintenance depends on a number of factors and each case will need to be considered on its own merits. The maximum amount that can be ordered in the District Court is €500 per week. Depending on the circumstances of the case and if a higher amount is sought an application for spousal maintenance can also be made to the Circuit/High Court.

For further information, Contact Carol McGuinness and follow us on LinkedIn for regular updates.

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