# Newly separated and kids maintenance and both unemployed.



## Tullytara (1 Jan 2012)

Hi,

I am newly separated and am concerned that my exhubby seems to have been advised that he doesn't have to pay maintenance for our two children.

One is 9 and the other  is 2yr 6 month.  Both children have disabilities and I have been told by the ex that according to advice from a solcitor he doesn't have to pay anything to the kids.  We are both unemployed and he did claim for me but that changed when he told the dole we split up after just 3 weeks, so until next week I have no cash coming into the house. 

Even then it's gonna take up to 6 weeks for my claim to go through. Once all this is settled how much should I ask from him for the children, we think he will be getting 188.00 a week from the dole plus his voluntary work of 60 euro. 

I have the house and everything to pay for as well what am I to expect from him other than trouble? 


Please inhope you can help


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## Sue Ellen (1 Jan 2012)

Hi,

Welcome to AAM.

Sorry to hear that you are getting this hassle from your ex-husband.  

You may get some advice from  previous AAM threads whilst you are waiting for replies from others here.

I have moved your thread to the Social Welfare forum as your questions may be relevant there also.  A copy of your thread will remain the original forum for a month also so keeping your options open.

Hope things work out for you in 2012


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## gipimann (1 Jan 2012)

If you have no income, you can apply for Supplementary Welfare Allowance (SWA) while you're waiting for another SW claim to be decided.   The SWA Officer is usually based at your local health centre.

Are you in receipt of Domiciliary Care Allowance (DCA) for your children?   Entitlement depends on their disabilities - you can find out more information here:

http://www.welfare.ie/en/schemes/il...allowance/Pages/DomiciliaryCareAllowance.aspx

If your children qualify for DCA, then you may qualify for a Carer's Payment.


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## Tullytara (2 Jan 2012)

Hi thanks for the responses 
i do get DCA, one of the things our counseller for special needs sorted when we had my sons diagnosis, its just everything else now that i need to work out.
so hard to get stuff staright right now


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## Thirsty (3 Jan 2012)

All parents are legally obliged to support their children.  Your former husband is not exempted from this legal obligation; if you are their primary carer, he must pay child maintenance to you. 

If he is not in employment the likelihood is that he will not be ordered to pay much more than around €20/30 per week. 

However it is possible that he might be able to claim the dependent child allowance if your children are deemed to be 'qualified' by Social Welfare.  More information on the SW site, www.welfare.ie.


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## Ildánach (9 Jan 2012)

Get yourself down to your local FLAC clinic for some legal advice on maintenance, and in relation to separation issues in general.  www.flac.ie


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