Maintenance advice & information from a solicitor in Cork
Welcome to Johnson & Co, Solicitors, Cork.We offer a friendly, professional and competitively priced Maintenance service, whether you wish to initiate legal proceedings or have been served with such proceedings or whether you simply want to get advice on the subject.
Disputes in relation to maintenance are a frequent source of conflict and stress between parents and naturally this can have a significant impact upon the relationship between parents and their children.
However an experienced family law solicitor (divorce solicitor) offering the right legal advice can help you to achieve a strong settlement and to manage difficult issues such as Maintenance.
This page has some useful information about Maintenance. You may also be interested in our pages about Family Law, Divorce, and Judicial Separation. While we have tried to provide some basic information, no website can answer all your questions.
Do you live in Cork? If so please call now to book a telephone or face-to-face conversation with an experienced Cork solicitor.
There is a legal responsibility in Irish Law on parents, whether married or unmarried, to maintain dependent children and on spouses/civil partners to maintain each other in accordance with their means. Maintenance can be paid periodically (i.e., weekly or monthly) or in a lump sum.
Maintenance for children
Maintenance is usually a weekly payment from one parent to another for the maintenance and upkeep of the child or children of the relationship. In some other countries it is called Child Support. It may be made by agreement between the parents or by order of the Courts. Most disputes in relation to Maintenance are handled by the District Court. The parties may enter into a voluntary agreement regarding child Maintenance and the Court may record this agreement in a Court Order. When deciding the appropriate amount of maintenance to be ordered the Court will have regard to all the circumstances of the case and, in particular:-
- the income,
- earning capacity (if any),
- property and
- other financial resources
- of the spouses and of any dependant children of the family, including income or benefits to which either spouse or any such children are entitled by or under statute, and
- the financial and other responsibilities of the spouses towards each other and
- the financial and other responsibilities of the spouses towards any dependent children of the family and the needs of any such dependant children, including the need for care and attention.
The family team at Johnson & Company, Solicitors can discuss child maintenance options with you in further depth and advise you of the best course of action to take. We can also undertake Calculations to give you some idea of the level of maintenance you will be assessed to pay or receive. We have over 17 years of experience of representing parents in disputes in relation to Maintenance.
Spousal and Civil Partner Maintenance
Married couples and Civil Partners have a legal duty to help support one another financially. Whether spousal maintenance is ordered from one party to another will often depend upon the disparity and level of their respective incomes. Even if an agreement is reached without the need to make an application to the Court, it is still important that any agreement is legally formalised.
If not, there is a risk of financial claims being brought by either party at some later date, even after a divorce is finalised. Here at Johnson & Company, Solicitors, we have a wealth of experience in dealing with Maintenance, no matter size of assets are involved. We offer practical, professional advice, ensuring that our clients’ financial interest in any settlement is maximised.
Variation of Maintenance
f you have suffered a change in your financial circumstances you may seek to have any maintenance order or agreement revised or varied.
Enforcing a maintenance order
If there is any arrears in maintenance payments which is the subject of a court order an application can be made to the District Court for the enforcement of the Maintenance order. The penalties for not complying with a maintenance order include jail.
Book a telephone or face-to-face consultation with an experienced solicitor.
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