Maintenance deals with the obligation to maintain following marital breakdown. In Ireland, a married party is entitled to apply to the court for maintenance from their spouse and any dependent children (under eighteen or over eighteen and under twenty-three but is still in full time education, or a person suffering from a mental or physical disability to the extent that he or she cannot maintain himself or herself
The Family Law (Maintenance of Spouses and Children) Act, 1976 is the principle Act which governs the grant of maintenance orders for the benefit of spouses and dependent children of the family.
We provide legal advice in relation to the factors that the court will take into account when making a maintenance order:
- Income/Earning capacity of the dependent spouse
- Net income of the earning spouse
- The court will determine what are the dependent spouses and children minimum requirements for living
- The court will determine the earning spouses minimum requirements for living
- Property or other financial resources of both parties
- Taxation Issues
- Tax is not payable on maintenance to the dependent children, however it is payable in the case of the spouse as it is viewed as income.
The Children Act, 1987 allows one parent to apply for maintenance against the other in respect of a child from a non-marital relationship. The partner is not entitled to claim maintenance for themselves from their partner.
An application for maintenance can be applied for in the District Court, the Circuit Court and the High Court, depending on the level of family income.