Family Law - Maintenance

Maintenance

The amount of maintenance payable (if any) is the sum agreed as a result of negotiations that take place between your spouse’s solicitors and us. However, a maintenance order may be made if it appears to the court that a spouse has failed to provide such maintenance as is proper in the circumstances.

What is maintenance?

Maintenance is the financial support by way of periodic payments.

What is my entitlement to maintenance?

A spouse can apply to the court to have to have the other spouse provide such maintenance for the applicant spouse as is proper in the circumstances. While there is no requirement for the couple to be living apart the person seeking maintenance must be married to the person from whom they are seeking maintenance.

What is proper maintenance?

The court in deciding what is proper maintenance will consider the following:

  • The income and earning capacity of either spouse or dependent children
  • The property of either spouse
  • Any other dependent children of which either spouse is a parent
  • The financial responsibilities of the spouses towards each other and towards any dependent children of the family
  • Whether either of the spouses deserted the family

Is it possible to change the amount maintenance?

Yes, the maintenance can be varied.

How do I get maintenance for my Children?

A parent or legal guardian, whether married or not, can apply for maintenance from the other parent for their children.

A summons can be issued in the District Court by a parent seeking maintenance from the other parent. The parents will be required to complete an affidavit (sworn statement) detailing their income and expenditure. If the parents cannot agree on the amount of maintenance to be paid the court on reviewing the affidavits will set the amount of maintenance.

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