Legal Aid for Maintenance

It may also end if the person receiving child support improves their financial situation for the following reasons: Payments can be made periodically (e.g. monthly) or as a lump sum. It`s a good idea to negotiate maintenance at the same time as your property statement so that all financial issues are resolved together. Each party must disclose their finances to the court, and the judge will consider all the family`s circumstances when making a support order. Courts generally consider the following when determining spousal support or spousal support, although these of course vary from state to state, so be sure to consult a licensed local attorney: To stop child support, you must ask the court to change (change) your support orders. You can also do this if you have final orders. Maintenance may be awarded to the spouse/partner for his/her own benefit and/or for the benefit of a dependent child under 18 or 23 years of age if the child is in full-time education. If the child is over 18 and under 23 years of age and the financial situation does not allow him to continue his studies, alimony may be requested to allow him to continue his studies. If the child suffers from a mental or physical disability so severe that it is not possible for the child to fully support himself, there is no age limit for claiming maintenance. There is a legal obligation for married or unmarried parents to support their dependent children and for spouses/partners to support each other to the extent of their means.

Support may be paid periodically (i.e. weekly, bi-weekly or monthly) or as a lump sum. The payment of alimony in itself does not confer any visitation or guardianship rights on a parent. Maintenance is when a partner needs to help their ex-partner financially after a relationship ends. This is different from child support. In general, people should only pay child support if they can afford it and their ex-partner can`t take care of themselves. The right to regular maintenance ends when: spousal support may be ordered either in lieu of a division of property, or as short-term support to support the former spouse in self-sufficiency, or as lifetime support for a spouse who has limited earning capacity or is unable to work. The framework of the initial maintenance decision determines whether the maintenance obligation can be cancelled. If both parties agree, the amount of maintenance to be paid can be agreed between the parties.

If the parties cannot agree on the amount of maintenance to be paid, they must apply to the district or district court, depending on the amount of maintenance requested. If the parties can`t agree on support, either party can apply to the court for a support order. An application for maintenance may be made either to the District Court, the Circuit Court or, exceptionally, the High Court. Custody refers to a child`s fundamental legal responsibility and the power to make important decisions that affect them, such as decisions about health, religion and education. A court grants joint or sole custody to one of the parents. There is a legal preference for granting joint custody to parents. The courts have the power to enforce maintenance orders if they are not complied with, either by means of a seizure order (which orders the employer to deduct maintenance at source and pay it to the person who was to receive it) or under the law of contempt of court (if the maintenance order was made by the district court). It is advisable to review weekly support payments each year. If support orders have been made, either party can then ask the court to have the amount changed (changed means the amount increased or decreased) or satisfied (met means the support obligation ends).

To do this, you need a variation or discharge order. The court may also decide to vary the maintenance if it is an application for enforcement and it is clear that circumstances have changed since the support order was made. The court will make financial orders based on what is fair to both people. When a maintenance order is placed, each person named in the purchase order must comply with it. Such informal agreements may involve a transfer of assets or a lump sum, but it is not excluded that a court support order may be sought in the future. A court may also award a lump sum for maintenance. The district court may charge a maximum of 15,000 euros. The court may also determine how this amount is to be used. Under Irish law, there is no manifest breach of the obligation to support one`s spouse/partner and children. A clause in a separation agreement stating that a spouse or partner will not seek support or demand support in the future is not enforceable.

The spouse/partner can apply for a maintenance order and a court will consider this request, especially if the situation of the parties has changed or if the spouse/partner who signed the contract did not have legal advice at that time. In most places, the general standard is that spousal support may be paid if the spouse does not have sufficient assets, including matrimonial property, allocated to him or her to meet reasonable needs and expenses, and if he or she is unable to support himself or herself through adequate employment. FLAC (Free Legal Advice Centres) is an independent, voluntary organization that runs a network of legal advice clinics across the country. These clinics are confidential, free and open to all. Contact your nearest Citizen Information Centre for information on FLAC services in your area. FLAC also operates an information and referral line during office hours to obtain basic legal information. Maintenance information is available on the FLAC website.