Child Maintenance - Child has moved in with me

S

solomon

Guest
One of my children for whom I was paying maintenance of €120 per week (Consent Court Order) left his mothers house and moved in with me full time 4 months ago.

When that happened I stopped paying maintenace to the mother as I then took on all upkeep expenses and educational expenses for him.

It has occurred to me that the mother who has independent income (possibly in excess of my income) should now pay a similar amount of maintenance to me for this child. At present she makes no contribution to his maintenance.

I think this is a reasonable expectation, anybody any thoughts?
 
At the moment the Court Order still stands that you pay €120 per week maintenance to your child's mother. You need to bring an application to Court to have this discharged and also an application seeking maintenance from your child's mother. You can do this yourself or employ a solicitor. The District Court office will help you with any forms you have to fill in etc.
 
You have me worried now MissDaisy. I stopped paying maintenance with the agreement (verbal) of the mother. Also, I note I said 4 months on my original post - It should be 14 months.

2 points of note.

The child left the house voluntarily at the age of 16 with the agreement of the mother and came to live with me.

I hadn't planned to go the court looking for maintenance but rather try and get the mother to agree to pay maintnenace to me - though I don't expect to get agreement.

However, I am concerned that, based on your comment you are saying that I am still liable for the past 14 months even though the child was not living with his mother but living with me.
 
No you are not liable for the last 14 months. The most any person is liable for in arrears of maintenance is 6 months (and at the moment people cannot enforce arrears of maintenance). Verbal agreement is still an agreement but it would be better if you had something in writing. If you can agree with the child's mother that she will pay you maintenance this is definitely the way to go.
 
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