Maintenance for adult dependant child

[Vegan30]

Hi

Looking for some objective information.
Currently starting into a divorce process after 9 years separated. Background
3 children aged 22, 16 and 15. Reside 100% of the time with mother, no contact at all with father unfortunately ( entirely his decision). Maintenance of €200 per week. No other financial input ever. Eldest still in full time education until May 2025. Ex intends to stop maintenance for eldest when they turn 23 in a few months and has refused any payment towards education/college fees.
Any information online appears to suggest maintenance is until age 23. Is this correct?

With children starting school at 5/6 years of age, transition year and possible repeat of leaving cert is 23 the cut off point?

I’ve obviously pointed out that morally it’s reprehensible to cut them off for the final year and a half and they will still be fully dependent in terms of housing/ heating/ feeding and college fees. He suggested I find some legal document that states he must pay until education is finished but so far I haven’t come across anything.
Anyone any suggestions?
Thanks

 

[ClubMan]

Currently starting into a divorce process after 9 years separated.

Any information online appears to suggest maintenance is until age 23. Is this correct?

Your solicitor should be able to clarify and you should be asking them for advice on this sort of stuff, but see the definition of "dependent child" here:

Children and Family Relationships Act 2015

The electronic Irish Statute Book (eISB) comprises the Acts of the Oireachtas (Parliament), Statutory Instruments, Legislation Directory, Constitution and a limited number of pre-1922 Acts.

www.irishstatutebook.ie

 

[DannyBoyD]

Any information online appears to suggest maintenance is until age 23

Yes.

Thats assuming your child does not have additional needs such that they will never be able to support themselves. If that is the case then maintenance continues to be payable .

 

[Vegan30]

Thanks both of you, appreciate the replies.

My solicitor says he’s obliged to pay but didn’t dispute the aged 23 cut off, said it was a grey area and didn’t offer any suggestion as to how to force someone to pay something they don’t want to for that age of dependant.

I guess we can both stick to the exact description of a dependant child and withdraw financial support from the 23 rd birthday and she drops out of the degree or one of us behaves like a responsible parent and and unilaterally supports for the final 2 years.

It does leave a very sour taste, I can’t pretend that it doesn’t. One parent gets to pick and mix responsibilities and the other is left to carry the burden.

 

[DannyBoyD]

Don't waste your energy on it, be proud of your offspring and what they have achieved & be equally proud of the work you have done to help get them there.

 

[E30chick]

He is only liable to pay maintenance up to aged 23 years if they are in full time education.

To be honest you would expect an adult of age 23 years to be doing some form of paid work at that point in their lives. I would be concerned if they were not, assuming they have no physical impediment stopping them from working.