Maintenance

Maintenance is in effect a periodic payment by one party to another for the support of a dependent child and on marriage a dependent spouse.

A dependent child means any child under the age of eighteen years or up to the age of 23 if in full time education and there is no time limit if a child is suffering from a mental or physical disability to such an extent that it is not reasonably possible for them to maintain themself fully.

Maintenance can be agreed by negotiation between the parties and if maintenance if not being paid or is inadequate an application can be made to Court seeking an Order for Maintenance.

The Court uses generally recognised principles for assessing maintenance and criteria has also been set down in a number of leading cases.

The Courts also provide procedures to secure maintenance payments and enforce payments where there has been a default.

Applications are generally brought in the District Court but there is a limit on the amount of maintenance which this Court can award and in some circumstances an application to the Circuit Family Law Court may be more appropriate.

It is important that maintenance be considered in circumstances where there has been full financial disclosure by the parties and it is usual for the parties to exchange sworn affidavits of means.

Should you have any queries or wish to engage our services please do not hesitate to contact us at (01)8728233 or by e-mail at bg@bowlergeraghty.ie