# divorce - state child benefit amendment



## crunched (14 Jun 2009)

My ex-wife and I have been divorced since 2005. We have three children. One of the children moved in with me eight months ago, and I am now considering this to be a permanent move.
My ex still receives state child support for him (on top of a hefty maintenance payment). 
I would like to get that benefit transferred to me. Could anyone advise who to contact. Will it need her approval? I imagine she won't be too pleased.

PS: Our agreement specifically states that the three children shall live with her. Now that one is living with me full-time I am going to seek one third of my maintenance back. Will I have to seek a lenghty and expensive maintenance adjustment order, or can I simply deduct the maintenance? I imagine she won't be too pleased with this either.


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## samanthajane (14 Jun 2009)

You can contact child benefit directly on (01) 704 3000 or 1890 400 400, to inform them of the situation and then you can either get a form posted out to you or down load it from here http://www.welfare.ie/EN/Forms/Documents/cb2.pdf and then post it off to them. You dont need her approval, if this is a permanent move as you said she should of contacted the department to inform them that one of the children is no longer living with her. She has actually been breaking the rules for the past 8 months. 

I wouldn't know if it will be back dated the 8 months since your ex had been receiving the money for your child. 

Since it was a divorce settlement in regards to maintenance i'm not sure if you can go down this route but it's worth a try, if not i'm sure they will able to advise you. If you contact your local court office you might be able to make an application in regards to reducing your maintenance. It is free to do this. If you wish you can hire a lawyer to go with you and advise you. 

The judge will then look at both parties incoming and outgoings and will make a decision. Even though 1 of your children is now living with you, you might not get the full reduction of a third. It will really depend on your circumstances.


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## mathepac (14 Jun 2009)

crunched said:


> ... PS: Our agreement specifically states that the three children shall live with her ...


First point to note is that if the move is permanent, you are now both potentially in breach of a mutually binding agreement. If this was  a family-court mandated agreement, you will have to go back to court to apply for a variation AFAIK.


crunched said:


> ... Now that one is living with me full-time I am going to seek one third of my maintenance back...


That may not be as simple as you make it sound.


crunched said:


> ...  Will I have to seek a lenghty and expensive maintenance adjustment order, or can I simply deduct the maintenance? ...


It may be that it can be varied by mutual agreement, but you may need to go to court; it all depends.


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## crunched (14 Jun 2009)

Apologies - and many thanks for looking into this for me. I may be getting Child Benefit mixed up with Children's Allowance - the non-means-tested one that all parents are entitled to. Are they separate  benefits? It's the latter that I am seeking.


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## mathepac (14 Jun 2009)

crunched said:


> ... I may be getting Child Benefit mixed up with Children's Allowance - the non-means-tested one that all parents are entitled to...



It used to be called Children's Allowance and is now called Child Benefit and AFAIK its still not means-tested. FYI - http://www.citizensinformation.ie/c...yments-to-families-and-children/child_benefit


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