# Does maintenance include home costs of ex?



## colin79ie (1 Dec 2010)

Hi,

Having recently separated on good terms, I am quite willing to let my wife and child stay in our home while I move out. I will continue to pay all the mortgage/ESB/car loan etc etc, as it's the child's home and I don't want to disrupt that in any way.

However, paying for my own place to live as well is really putting me on the breadline.
At the moment, my wife still uses our joint bank account for day to day stuff like food/petrol etc.

My question is this. How much maintenance will I be required to pay and does the cost of running the home where the child is come under this or will I have to pay 'x'x amount per month on top of running the home?

If someone could point me to a good website I would appreciate it as at the moment I couldn't afford a stamp for a letter to a solicitor, never mind visiting one.


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## eastbono (1 Dec 2010)

Colin,

To be honest I dont see why you should have to pay maintenance as well as paying or mortgage and utilities and indirectly paying for day to day stuff as your ex is still using the joint a/c.  My knowledge of this is limited but from hearing from friends/colleagues €80-€100 is the norm for maintenance for one child and that is very generous and mortgage etc certainly would not be paid in addition to this.  I think you need to take legal advice.


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## Thirsty (2 Dec 2010)

eastbono - at the very least refrain from posting inaccurate information.

OP - first off, you need to separate your finances, you can't budget if you are still using a joint account. 

If your wife is not working, you can be assessed for spousal as well as child maintenance.  The one positive about spousal maintenance is that it can be offset against your income for tax purposes if paid under court order.  No such tax break is available for child maintenance, but you can claim an additional tax credit as a lone parent.

Child maintenance is based on both parents income and expenditure; you'll find a good spreadsheet for this on www.solo.ie.

If you want to keep your share in the equity of the family home, then you will have to continue to pay your share (note _share_) of the mortgage.

You also need to consider a parenting plan for your children, life assurance, pension plans, savings etc.,

I would strongly recommend that you both attend mediation in order to come to an agreement on these issues.  This can then form the basis of your application for a Judicial Separation; the court hearing need take only 10 mins if you have everything agreed beforehand.


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## colin79ie (2 Dec 2010)

Thanks for the replies.

I understand that our joint account has to go.

However, I would crawl to the end of the earth for our child so I don't want the child to be in a situation where the 'comforts' which the child is used to, like having a car/internet/sky tv etc would be taken away because my ex wouldn't be able to afford them if she is on social welfare/maintenance and paying bills etc. I have already started a savings plan for the child for college costs etc (child is 6)

And TBH I wouldn't like to see my wife go through the struggle of having little money, regardless of our situation. We are still on good terms and she has been through a lot recently apart from our own pressures.

I will eventually take legal advice but just cannot afford it at the moment.

Thanks again.


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## Brighid (2 Dec 2010)

You may be entitled to free legal aid.


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## alaskaonline (12 Jan 2011)

Thirsty said:


> Child maintenance is based on both parents income and expenditure; you'll find a good spreadsheet for this on www.solo.ie.



Where about is it? I couldn't find it. Thanks


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## niceoneted (12 Jan 2011)

Has your wife applied for one parent family allowance? If not she should. 
I admire your attitude. I appreciate that you want your child to have all the comforts but make sure all the utilities you are paying for are on the best packages. 
I would seek legal advice and also suggest the mediation as others have mentioned. 
It sounds too like you may be able to mend the relationship so this may assist in this.


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## ziltwo (12 Jan 2011)

hi Alaskaonline, if you click into the site again; go to questions about maintenance (top of page) then the menu on left hand side, third one down ... 
zil


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## Bronte (13 Jan 2011)

colin79ie said:


> However, I would crawl to the end of the earth for our child so I don't want the child to be in a situation where the 'comforts' which the child is used to, like having a car/internet/sky tv etc would be taken away .


 

That's all very laudable and I commend you on the amicable split but you need to be rational on the finances.  You've mentioned that you yourself are on the breadline while talking about your child having the internet and sky TV which would be classified as luxuries.   In a separation it is very rare the family that can maintain the same standard of living.    It is quite common for fathers in particular to end up in bedsits while wife and kids remain in the family home.  Hard choices have to be made by everybody.  Of course you must do the best you can by your ex and child but they too have to do their best and maybe give up part of the lifestyle you had as a family.  A review of the finances with your spouse, giving everybody the best outcome would be the best solution.  You should not promise to keep your ex and child in the comfort of the past life if you cannot afford to do so or if it means that you yourself end up on the breadline.  That's not wise not healthy in the long run.


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