Can the amount of maintenance be changed/varied at any stage?

Where maintenance orders have been made through the courts either party can make an application to the court to have the amount of maintenance changed, if there has been a change in the financial circumstancesof either party.

A change in the maintenance is usually called a 'variation'. A variation can be an increase or decrease in the amount. The party bringing the application for a variation must be able to show the court that there has been sufficient change in financial circumstances to warrant a change.

If there is an attachment of earnings order in place it will be necessary to apply to vary the attachment of earnings order if the amount of maintenance is changed.

Does a parent who pays maintenance gain any rights over the children?

No. Paying maintenance does not give a parent any rights of guardianship or access.

If my child's other parent marries someone else do I still have to pay maintenance?

Yes. Unless the new spouse adopts the child.

My child's other parent lives abroad, can I get maintenance?

Ireland is a party to various international conventions which allow for persons living in certain countries to recover maintenance from persons living in certain other countries. EU Regulations facilitate the recovery of maintenance throughout the European Union.

Can cohabitants claim maintenance?

Under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 a redress scheme was introduced for opposite-sex cohabiting couples who are not married and same-sex cohabiting couples who are not registered in a civil partnership. The scheme aims to provide protection for a financially dependent member of the couple if a long-term cohabiting relationship ends either through death or separation. You do not have any automatic right to get such orders. The court may make such orders if it is satisfied that you were financially dependent on your cohabitant partner.

Redress orders may include maintenance orders, property adjustment orders, pension adjustment orders and attachment of earnings orders. To apply for redress you must be a qualified cohabitant under the terms of section 172 of the Act.

Contact Keith Walsh for advice on your particular situation, keith@kwsols.ie, 01 455 4723 

Relevant law 

Illegitimate Children (Affiliation Orders) Act, 1930
Guardianship of Infants Act, 1964
Maintenance Orders Act, 1974
S.I. No. 23 of 1975: Maintenance Order Act (Commencement) Order, 1975
Family Law (Maintenance of Spouses & Children) Act, 1976
Status of Children Act, 1987
Maintenance Act, 1994
Family Law Act, 1995
Divorce Act, 1996
Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010
Civil Law (Miscellaneous Provisions) Act, 2011
S.I. No. 274 of 2011: European Community (Maintenance Regulations), 2011.

This blog was prepared based on the information provided by the Courts Service.