When a relationship breaks down, financial support in the form of maintenance becomes an important issue for many families. Understanding how maintenance works in Ireland -- who pays, how much, and for how long -- is essential for anyone going through a separation or divorce.
What Is Maintenance?
Maintenance is a regular payment made by one person to another to provide financial support following a separation or divorce. There are two types in Irish family law. Child maintenance is paid by one parent to the other for the benefit of the children. Spousal maintenance is paid by one spouse to the other to provide financial support for the dependent spouse.
Child Maintenance
Both parents have a legal obligation to financially support their children, regardless of whether they were married to each other. This obligation continues until the child is eighteen, or twenty-three if the child is in full-time education. Child maintenance is calculated with reference to the needs of the child and the income and financial resources of both parents. There is no fixed formula in Ireland -- unlike some other countries, there is no standard calculator. The amount is either agreed between the parents or decided by the court.
Courts consider what the child reasonably needs (housing, food, clothing, education, healthcare), the income and financial circumstances of both parents, whether the paying parent has other dependants, and the standard of living the child enjoyed during the relationship.
Spousal Maintenance
Spousal maintenance is paid by one spouse to the other where there is a significant disparity in their financial resources and the dependent spouse cannot meet their own needs without support. It is not automatically awarded in every divorce. The court considers the financial needs of the dependent spouse, their earning capacity and health, the length of the marriage, the lifestyle during the marriage, and contributions made during the marriage including non-financial contributions such as raising children.
Spousal maintenance can be time-limited (for a set period to allow one spouse to become financially independent) or indefinite (more common in long marriages where one spouse has permanently reduced earning capacity). It can be varied by the court if circumstances change significantly.
How Is Maintenance Agreed?
Maintenance is either agreed between the parties (and can then be made a rule of court) or decided by the court if no agreement is reached. An agreed amount that both parties are comfortable with is far preferable to having the court decide. Mediation can help couples reach a fair maintenance agreement without the cost of litigation.
What Happens If Maintenance Is Not Paid?
A court maintenance order is legally enforceable. If the paying party stops making payments, the recipient can apply to the court to enforce the order. The court has several options for enforcement including attachment of earnings orders (deducting payments directly from wages), attachment of social welfare payments, and in serious cases, committal proceedings.
Can Maintenance Be Changed?
Yes. Either party can apply to the court to vary (increase or decrease) a maintenance order if their circumstances change significantly. For example, if the paying party loses their job, they can apply to have payments reduced. If the receiving party gets a significantly better-paying job, the paying party can apply to have payments reduced. Changes to the children's needs or living arrangements can also justify a variation.
How Saor Law Can Help
Understanding what maintenance you are entitled to or what you might be expected to pay is an important part of planning for life after separation. Saor Law provides completely free legal advice. Book a free call with our team today.