How much child maintenance should a father pay?/ Family Law Solicitors Mallow Cork/ Vicki Buckley
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- เผยแพร่เมื่อ 9 พ.ค. 2021
- Introduction
There is a legal responsibility on parents, whether married or unmarried, to maintain dependent children and on spouses/civil partners to maintain each other in accordance with their means. Maintenance can be paid periodically (i.e., weekly, fortnightly or monthly) or in a lump sum. Paying maintenance does not in itself give a parent access or guardianship rights.
Under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, a financially dependent qualified cohabitant may be able to apply to the courts for a maintenance order if the relationship ends. See our document on the redress scheme for cohabiting couples.
Family law and COVID-19
Our document COVID-19 and family law has up to date information about family law matters during the COVID-19 emergency period.
Voluntary maintenance
In situations where parents or spouses/civil partners are separated, they can make informal agreements regarding maintenance. This can work well where both parties are reasonable and fair - but it is difficult to assess informally how much maintenance should be paid. You might consider sitting down and writing out the actual expenses (weekly, monthly, etc.). If you find it difficult to come to an arrangement which satisfies both parties, you may find that mediation can help.
Alternatively, each side can engage their own legal advice who will act as negotiator of an agreement. Both parties can then sign this agreement which can later be made a rule of court, if the court finds it sufficienctly provides for the persons involved. A rule of court means that these agreements have the same effect as a maintenance order (see below). A solicitor cannot act for both sides in this situation, given that there may be conflicts of interest.
Informal agreements such as this can include a property transfer or a lump sum payment but it cannot rule out the possibility of applying for a maintenance order through the courts in the future.
Maintenance orders
If the parties cannot agree upon maintenance, either party can apply to court for a maintenance order. An application for maintenance can be brought either in the District Court, or Circuit Court or exceptionally in the High Court.
A person seeking a maintenance order can represent himself or herself. However, a person seeking a maintenance order should always check to see if they are eligible for legal aid or contact a private solicitor to assess the cost of the application. The cost of the application can be awarded against the party refusing to pay maintenance if a judge considers it appropriate.
Maintenance can be awarded to a spouse/civil partner for their own benefit and/or for the benefit of a dependent child who is under the age of 18, or 23 if the child is in full-time education. If the child is over 18 and under 23 and the financial circumstances do not allow them to attend further education, maintenance can be applied for in order to facilitate further 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 themself fully, then there is no age limit for seeking maintenance for their support.
Each party must disclose their finances to the court and the judge will consider all of the family's circumstances when making a maintenance order.
Enforcing a maintenance order
In cases where a parent/spouse/civil partner fails to comply with a court order and does not pay the amount awarded, an attachment of earnings order can be sought from the court, if the person is in employment or on a private pension.
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On the numerous occasions I had the misfortune of dealing with the CMS they didn't care AT ALL about my outgoings/commitments. They just took what they wanted, incl fictitious arrears, which almost resulted in me losing everything. After this experience I can safely say I'll never get married or have more children again. Never!
Well that seems depressing. What advice would you give you someone going through this now
@@tyson4giz Totally agree, fella. I was always the positive one in any situation, no matter how bad things got (my ex REALLY put me through the wringer - and she's the one that cheated/wanted a new life!). But dealing with these single-minded, soulless entities at the CMS made things a million times worse. They never put the child first, it's ALWAYS the Mother. And they're not even a proper Govt service - they're nothing more than a debt collection agency (Serco), who like any other money making business out there are just out to make profit and hit targets (and that's from an inside source!). I hate them.
I'd strongly recommend getting in contact with groups such as Fathers4Justice etc and use them as a sounding board. It really helped me deal with the nightmare these clowns and my ex handed to me. Be strong fella and look after yourself. 🙂👍
I fully understand you going through it as we speak.
We need to start a protest
@@jsuperbogle130 I’ve been going through it now for over 5yrs and absolutely nobody will help to shame/stop them. It’s disgusting. And my experience with them has done so much damage between myself and my kids yet it’s allowed their Mother to use these monies for 3/4 holidays a year etc. This country has well and truly gone to the dogs. 🙁
If the father is British living in the uk and the mother is a Spainish citizen living in spain with the child. IVF treatment done in spain, baby born in spain. Can the father living in the uk still get forced to pay child maintenance
Absolutely disgusting organisation that don’t take fathers into account at all. I haven’t seen my kids in six years since I started paying Child Maintenance because she know she could get more If I didn’t see my kids. She turned them against me with malicious lies so I couldn’t even go to court because the kids didn’t wanna see me.
Just like a marriage best interest of a woman
The first 30 sec is bs as you show proof that you not a high earner you show pay slips for eg 300 but the mum says you earn 500 they believe the mum over your payslips
This is to total lies. I’ve been looking after and seeing my kids weekends Friday to Sunday. Suddenly my ex stop me from seeing my kids and lied that I’m not seeing my kids. Even tho I’ve showed proof and videos. Cms told me this is not evidence. But they just listen to my kids mum without evidence.
Yep, that’s how they operate. What’s so frustrating is the Mother can say/lie about anything but YOU are the one that needs to supply evidence, not her. Speak to a solicitor about her not letting you see the kids though. They can act on this because legally she can not do this - I found out this information too late unfortunately (kids now brainwashed), but you may still have a chance to save things with them. Stay strong! 👍
They are criminals they take what they want. The more reasonable you are the worse they will be with you.
Don't expect them to uphold the law. They don't. They assume you won't spend what little money you have left taking court action.
Treat them like pick pockets and thieves. Hang up the phone.
Give them no details.
Does the payment has to start as soon as the baby is born?
Yeah buddy. If you’re named as the Father on the birth certificate then be prepared to get royally stung by these crooks. They are purely in it for the money. Child welfare never comes into it (in fact they cause most of the damage, my kids are testimony to it!).
@@crazylikeafox7290 Thanks mate....already paying it lol
Nursery fees £1040 other needs of your child amounting to £300 a month. Mum takes care of all. Dad pays £50 towards cm and you lot have the sad and pathetic audacity to come and complain on TH-cam. Deplorable. Dads should pay half of what it costs to take care of the child, including all their expenses. Not just a couple £ a month. This is why men these days are as weak as they are. Zero sense of responsibility.
Experiences differ, I have had a scummy ex,
👏🏽👏🏽👏🏽👏🏽
Then how do you explain this then I'm a dad of 3 children two live with me and one with the mum we both don't work and yet I have a court order stating I'm to have 50 50 and yet them mum makes out that I work when I can't ( due to PTSD) to get the full amount the mum to date has also breeched the court order to get the full amount no to date is 1373 times but if the father was to do this just one time they have the book thrown at them and on top of thea when I was working the law say the can only take up to 15 % of your wages and yet they where taking 25 % I took them to court and won now 4 years done the line and for no reason the mum I now doing it again so you don't have a clue what you are talking about till you are on the receiving end and just on example of the lies the mum would say ...she would say that I physically assaulted her and yet the arrest warrant showed that infarct it was the mum that was arrested for doing it to me and she still to this day say it was me that did it not her .....most mum's lie through their teeth to get what they want
So when care is 50/50 and mother earns more than father and puts child in front of tv all evening and barely ‘maintains’ child.
The MAN still pays her CM. Sexiest backwards system.