How much does a childminder earn in scotland

How much does a childminder earn in scotland

Author: Greettot Date: 01.07.2017

Download Maintenance Access Guardianship Notes. There is a legal responsibility in Ireland on both spouses to maintain each other and on parents to maintain their children in accordance with their means.

Both parents have a responsibility to support their children financially. This applies to all parents, whether married, separated, living together or if they have never lived together. Child maintenance is payable for a child up to the age of 18 or to the age of 23 if the child is in full time education. If an ex partner does not pay maintenance — access cannot be dependant on maintenance. A married person can seek maintenance following the breakdown of the marriage.

If father and mother are working and custody is given to father, does spousal maintenance apply to the father? At Lynch Solicitors we deal with situations where a mother pays maintenace to a father. The rights are the same, irrespective of whether the father or the mother is financially dependent on the other.

This all changed with the Civil Partnership Act. Under the Civil Partnership Act a cohabiting couple must have lived together in an intimate and committed relationship for five years or two years if the parties have children together.

A cohabiting couple does not have automatic rights. The Judge will look at the individual circumstances of each case and the Judge will decide what maintenance would be appropriate.

Each party will have filed in Court an Affidavit of Means setting out their income and expenditure and the Judge will look at each of these in detail and it comes down to needs versus resources. What does one party need and what can the other party afford. Basically the calculation of how much maintenance is to be paid in any particular case is ultimately a matter for the court to decide, and each case will stand on its own facts.

There is no set formula and the Court must attempt to strike a balance in all circumstances and will also take into account all matters it considers proper. The District Court records all payments so a print out of these is available to either party on request. In cases where a spouse fails to comply with a court order and does not pay the amount awarded, an Attachment of Earnings Order can be sought from the court.

If the spouse is self-employed, an Enforcement Summons can be applied for. When that person comes before the Court the Judge can if he has no Defence, imprison him or her for a maximum period of three months. Yes, you can apply to the Court to have the maintenance order varied if there is a change in circumstances e.

However, you are liable for the amount under the original order until such time as it is varied by the Court. Who will be in Court when my maintenance application is being heard by the Judge? All Family Law proceedings are heard in-camera which means that they are heard in private, this means that no of the public are allowed to sit in the Court room during the hearing of family law cases. The only people that will be present are both parties, their Solicitors, the Judge and the Court Clerk.

Can a mother look for maintenance for the children if the father is not on the birth certificate? Guardianship means the rights and duties of parents in respect of the upbringing of their children. The natural mother is automatically guardian.

If the mother and father are married at the time of the birth of the child- the father is automatically guardian. The natural father who is not married to the mother can apply to the Court to be appointed Guardian of the child. However, the easiest route to appoint a father a guardian is if the mother agrees to his appointment, both parties can sign a statutory declaration in front of a Solicitor appointing the father guardian.

An unmarried father has to take positive action in order to become Guardian of his children. Hi my name is John.

I just wanted to know do I still have to pay maintenance since she is married with three other children. It the maintenance is for your son and does not include spousal maintenanceit continues to be payable.

The only issue would be whether or not the amount could be reviewed. Hi, I have a daughter who is nine who sees her biological dad two nights a month. He has recently settled down and is getting married and has suddenly requested that my daughter spends 50percent of all holidays including Christmas with him and his new girlfriend. I was never married to my daughters biological dad but got married when my daughter was four. I always encourage my daughter to see him but she has little interest in seeing him and certainly does not want to spent Christmas or half the summer holidays with him.

She wants to be at home with her friends and little sisters. Is it likely he will gain this extent of access? Myself and my husband separated in September last year. He moved back to his parents for a few weeks and then moved back into the family home onto the couch until recently. He is back now in his parents. We have two children and a mortgage. At present I am doing a none paid course to further myself when I return to work. He is working full time. My question is does he have to still pay or can he leave me with nothing.

I get no payment from anywhere except children allowance once a month. Can you help me on what to do next. My daughter id now 16yrs old and is in her last year of secondary school and would like to go to 3rd level education.

My question is, can all the years of none payment of maintenance be re couped?? I would really appreciate your advise on this. I forgot to mention. I left him when I was 6months pregnant and returned to Ireland. It is usually only possible to get arrears from the date you issue proceedings.

But you may be able to look for a revised figure that would cover some of the costsif he has the means to pay. In that process he declared only a back to work allowance as his income and on this basis a nominal sum was set as the maintenance contribution. Please could you help me with the following questions or direct me to where I might find the answers. If at some point in the future I discover that he has become gainfully employed but has not declared this change in his employment status, can the maintenance be backdated to calculate a proportional maintenance from when his new employment began?

If that cannot easily be done, and maintenance can only be increased from the date I discover he is employed, how do I go about getting regular formal statements of income from him so that not too long a period elapses from the point of employment until maintenance is adjusted? In either of these cases what is the process by which I have maintenance adjusted to fit his changed income status?

Unfortunately he is not open to an amicable conversation to reach agreement about anything at all. He was abusive during the marriage and continues to use every opportunity to try to exert control, so simple dialogue will not work as a way to manage this. The nature of maintenance is that it can be varied if there is a change in circumstances from the original circumstances under which it was granted.

Your second question is over what period can you make a claim for maintenance — can it be backdated. Therefore the sooner you make the claim the better. I have been open to unlimitted access to suit him around his work hours and he is looking for guardianship also.

I would like to grant him guardianship but worry about control. Should i visit a solicitor to officially draw up a legal contract detailing maintenance and guardianship? Roughly what would the fees be for this service at your office? Guardianship does not means control on a day to day basis. There are a number of terms that are used in the area of contact with children that can cause confusion. You have guardianship which is having a say in major decision making — for example: You have custody which which is having a child in your presence.

And you have access which likewise having a child with you. Custody usually has a stronger connotation. However, you have the day to day carer or primary carer. This is the person who has primary say on the day to day care of the child. Akin to a couple who are a family unit there are many variations — but traditionally one of the couple take control of the day to day minding of the child.

This does not mean that the other party is excludedit simply reflects who takes on the role of the day to day minder! Hi John, my brother was taken to family court by his wife 4 years ago as she was seeking maintenance. My brother has been paying the mortgage and bills for the past 4 years. I am assuming that it was anticipated that he move out and that the maintenance was to include the mortgage and bills that he continued to pay for the four years!

If that equated to the maintenance sum then his argument is that he did in fact pay maintenance! Strictly speakinghoweverhe should have gone back to vary the order made. Hi I come from Poland. If I understand your question — if you have a Polish maintenance order you should be able to enforce it in an Irish Court. However, if he has no income then thee may be little point in trying to enforce it!

Hi John What would be the rights of a dad living in a different county to their child. At the moment the child is 4 months and dad is allowed to take child evety three weeks for two nights but really wants more time.

Would the judge rule against a father taking the child because he is in a different county. However the Court would look to the best interests of the child and award access that would suit the child. Hi I have a daughter of one year and half I am not married to her father and he s still Maried to he s wife they have four big children.

Can I obligate him trough the court to sign for the gurdianship? Also he s name is not on the birth certificate. The question is why do you want to put him on the birth certificate and make him a guardian?

If it is to oblige him to take a role in parenting the childthe answer is usually that the Law will not oblige someone in that way! Hello, I am looking to find out if you are required to force your children see their father on the specified days agreed with the court if they absolutely do not want to see him? If a child reaches a certain age do they have a say whether or not they want to go regardless of the court order? A Court order means that the other parent can refer the matter back to Court.

If the Court considers that the custodial parent is in breach it can sanction the parent in breach. Court should be the last resort — is there any way that the impasse can be resolved! Me and my ex split we have a 4 year old. I signed guardianship forms and I have no issue with my daughter spending time with her dad we have arranged days and it suits my daughter.

He earns a year more than me but still asks me to buy my daughter clothes for his house. What kind of proceedings would this even be listed under. Any help would be great. You are talking maintenance — both parents have a right to see their child with a duty to maintain their child.

The level of maintenance, if not agreed between the parents, can be set by the Court. The Court will look at the needs of the child and the income and outgoings of both parents. The non-primary carer the father in this case will usually pay the maintenance the the primary carer the mother in this case.

Sounds like a very good arrangement and well done. I presume the issue is that she spends equal time with both parents, so both share her financial support equally.

It is a question of balancing the resources of both parents with the needs of the child and seeing it there an imbalance. This is not a precise science and you will get as many answers as there are judges. If it is not significant the argument would be that the status quo remains. Normally maintenance is viewed as a responsibility of the parent and is not linked to rights per se.

So the answer to your question is that the parent irrespective of maintenance continues to have rights of access etc. I am separated from my wife since She is a non-EEA national and came back to Ireland later on a student visa. I cant find her at all and want to get divorced. When I last bumped into her she had a boyfriend. We have no kids and I now have a partner and a family of my own.

Would I be liable to pay her spousal maintenance? We have no money left each month and I am in dread of a judge demanding I pay her money. Thats if I could find her! If you have no money and the court is satisfied that you have no money then the issue of maintenance should not arise. Furthermore if your wife is financially independent and capable of earning in her own right and you have no excess funds then again the issue of maintenance should not arise.

My daughter has just finished secondary school, she is I have always paid my maintaince and I am to this day. Your legal obligation is to support until she is 21 years of age if she continues in full-time education. In view of the fact that you tell me that you are already paying maintenance the question is whether or not you are obliged to pay more maintenance.

Ultimately any change of maintenance is determined by change in circumstances justifying an increase. If you have the means to pay more maintenance and she has the need for more maintenance, then it is likely that an increased order for maintenance could be made. The fact that you do not have a relationship with your daughter is not taken into account by the court in determining maintenance.

Just wondering if maintenance is still to be paid a week that children are away on holidays with the person paying the maintenance? Hi I was wondering if u could help me with answer a couple of questions please. I have giant guardianship with my sons father. Who takes him every weekend. Apart from the first day of every month. When myself and my ex row he holds off on paying me.

Last week he brought my son on holiday and never paid me. I get nothing but a hard time about absolutely everything when it comes to my child. Can a maintenance order be out in place and also can mediation be enforced? As he turned down the voluntary mediation. The situation between us gets so nasty and upsetting and out of hand and needs to be resolved ASAP. Also when a maintenance of a certain amount is out in place, does this mean he does not need to help out in other ways like school trips?

If maintenance is not working voluntarily then you have the option of making an application to the court to get a maintenance order. The benefit of a court order is that if there is a breach you have an avenue open to you to enforce the breach. I have sole guardianship and sole custody of my two children, I have always given my ex partner access to them and encouraged my children to spend time with him.

He now has a new partner and I do not want her in my children lives as they are only 3 and 5 and in my opinion, it is too much for them to deal with as such a young age. Can I insist on this as he is refusing to agree to keep her away.

It is always a difficult matter to deal with when former partners enter into new relationships and there are children involved.

By and large the court recognised the reality of the situation and will facilitate access to the non-custodial parent. I would suggest that it is better in the circumstances to try and get agreement on a phased introduction rather than an absolute ban. I am a unmarried mother. The father is paying maintenance but hardly comes to see the child we stay in separate towns. My question is if the father comes to visit and is under the influence of alcohol can I refuse him from seeing the child?

The child is 8 months old. This is a tricky question and usually involves the degree of intoxication — unless the father has a serious problem with drinking and it interferes with his ability to care for his child, a court would be unlikely to refuse access. It is not unlikely that a court might impose some sort of condition if it considers that alcohol is a problem.

Hi, My ex partner from about 25 years ago has applied to the high court for maintenance of one of our children. I have already paid a lump sum which she continues to draw from. My question is can the court force me to sell my new family home that I own with my wife. The home was bought about five years ago, long after we split. I cant believe that I could be forced onto the streets but who knows, are you able to advise.

I have applied for legal aid but it has been declined so I am trying my best to navigate the high court! I would suggest that it is highly unlikely that a court would order the sale of the family home subsequently purchased in respect of maintenance for a child of a former partner. Hi my ex has brought me to court over access. The judge decided for me to take the kids 3 nights a week which I think is too much. I have a family now with 2 kids as well. And I have been paying my ex euros a week for the 2 children.

What else could I do? You could of course simply not exercise the access or attempt to exercise a more limited access without having to get involved in the court scenario again. However that carries the risk that your ex might invoke the court. Good afternoon My ex husband took the kids for one week holiday. Apart from food I still have all the usual bills, childcare, mortgage etc.

Im really short of money this week now and am not sure whether to ask him for it. If the maintenance is payable on foot of a court order, he is in breach of the order if it does not allow for holidays. If it is by agreement with him the situation is much more problematic. Unless the agreement is in writing there is no way to enforce it. If you think this is something that is likely to require you should consider getting a formal maintenance order.

Of course if you manage to access mediation this might be the best way to resolve matters. I was living in Cork at the time it was granted but am now living back home in Scotland. Is there a way I can apply to the district Court in Cork to have the order enforced without travelling there? The order is enforceable even if you reside abroad and it should be possible to arrange to travel only for the hearing. I have been back and forth to court with my sons dad for the last four years.

I had never had money from him but drove 1hr down with my boy to see his dad on friday and home and drove back down sunday to collect my son, and home. So kwith 4hrs driving a week to make sure they seen each other, the 40 was going to be a big help.

Now he is giving me an embarrassing amount of money and I genuinely cant afford to keep driving up and down to facilitate access, his wife is also very verbal and has now accused me of trying to ruin her family by getting her husband to maintenance. After me being patient and asking every couple of weeks could he please get it fixed.

Can I contact the court in writing and make them aware that I can no longer affort to drive up and down every weekend and that I will be breaching the order in doing this but am left with no choice.

I cannot continue to be down from being given out to and disrespected and have no money when he should be atleast paying the cost of travel I do and have done for 3yrs to facilitate his access. If that is the case, you can make an application to the District Court to deal with the non-payment. If he is and the issue is the cost of travel — and if the issue of access and maintenance was recently dealt with: Hi can you help me please. I have a fourteen old son.

I paying 50 euro since a maintenance order. We have joined guardianship. I doing a fas course at the moment I was 6 month course. I only gotten a week I pay 40 euro just on buses to get to courses with my rent bills after the meantime I only around 40 for myself. I after getting a meantime order she dammeding I give her a euro the following week I dint have it.

On the maintenance order variation is cross out. I have a maintenance order against me of euro per month, which I am unable to pay and I have informed both the judge and my wife about this, I have for the last few months paid what I can and I have been upfront with her about this.

Pros and cons of being a childminder - dakoxok.web.fc2.com Forums

She is now threatening to go to court and ask them to get me arrested so I will loose my job, but I am suspecting that a lot of this is due to that she needs a new GNIB card, she is not Irish or a citizen of a EU country, she is emailing my girlfriend, my job and my parents and is trying to get me into as much trouble as she can, I have asked her to stop but she keeps on emailing and this is giving me even more trouble.

I am not refusing to pay but on my salary with my expenses then I can not afford it. If you are in breach of a court order for maintenance you can be brought before the District Court for breach — which does carry the threat of jail for breach of the Court order. If there has been a change of circumstances since the original order you can apply to vary the amount. On a separate note, if she is harassing you it is open to you to make a complaint to the Gardai.

Many thanks, she has gone to the court without my knowledge and without me being present and got the court to take the money out of my salary and I must also pay what I have not been able to pay before, to put it short this is going to ruin me and I will loose my job, this is no joke. Not sure how she could have done this without your knowledge — all documents should have been sent to you.

You should either appeal or seek a variation. If you consult a local solicitor they should be able to guide you. Hi just a quick question. I have been to court with my ex over our now 5yr old child and he is now a joint guardian. I am just wondering if this is within my rights to refuse? These are hard questions with no easy answers! The law provides a mechanism whereby a judge can be asked to answer these questions. However, the answer will depend on the way the case is presented and the attitude of the judge.

HiMy husband walked out after 25 years of marriage. I am living in our unmortgaged house with 3 adult children2 who are in college.

Only one of them under I had a job as a rep but using our own car which he took with him as he is paying finance on it. I can not find work at moment without access to a car and financially cannot afford one. My husband earns 70, p. There is college fees due and a high expense of sons razzmus year.

He is the 20 year old. Does he have to cover all college expenses with me not working. Living expenses at home with bills due for all of us living in the house too. Husband lives with his parents so has no living expenses. He is also only five years from retirement and has been paying into a pension fund and will get a retirement lump sum.

Am I entitled to any of that having been the main homemaker for 25 years. The family law code in Ireland is base on fairness and proper provision — when a family breaks up a Court is mandated by law to follow the code. So the quick answer to your query is that a Court will apply this code to your particular situation.

The detail is going to be a matter for your legal advisers, his legal advisers and a Court. I would suggest that you seek legal assistance. Martin, sounds unlikely — a Court will vary a maintenance order if a change in circumstances supports the change. However, it is a matter for the judge hearing the case. Hi, I wonder could you help me, I was in court some months ago regarding access for my daughter. The judge awarded that her father take her every second weekend from a Friday to a sunday.

I am on lone parents and my benefit was reduced according to the maintenance I received as I work one day a week. Howwever, I made my daughter father aware that I was going back to college for a year to do a course and that I would be looking at creches. I asked my daughters father to contribute half and I would contribute half.

Both of us live with our parents and he works full time. I have told him its only for a year as my daughter will be in Montessori for the following 2 years and my mum will mind in afternoons. The short answer is — he is only legally obliged to pay the Court ordered maintenance unless he agrees otherwise. Thanks so much for any help Amy. Nois the short answer — and you can make an application to Court. You will, however, have to show that it is in the best interests of the child to remain in Dublin.

Once a father, always a father comes to mind. Whatever about parental rightsit is not possible to dissolve or discharge unilaterally parental responsibilities — such as maintenance. It ishowever, to vary or change them depending on changing circumstances of any of the parties. Each case has to be looked at individually. I have a 9 year old girl. The relationship with him was very hostile. He abused me physically and psychologically on a regular basis and would do so in front of our daughter.

After we split I allowed him access to her as she loves her dad. But even now he will still scream and hurl abuse at me, roar all sorts of profanities at me in front of our daughter. The thing is, I am now getting married to a wonderful guy next year.

He still trues to control my life. What grounds do I have in denying him this? This is not the same as custody or tt forex kolkata arrangments that impact on the day to day care of the child.

If there is a dispute between the two guardians then there is a facility for the Court to decide between the two alternative views. I have weeekend access in place from the courts. My ex is refusing me permission to take children on a weeks holidays abroad. Do i have to return to court to get permission from the judge??? Maintenane and access are not interlinked — a Court would expect you to continue paying access irrespective of whether or not access happens.

Hi, I have a few questions regards my fiance and his X. She just found out we are engaged and took him to court 1929 stock market crash apush Does not the mediation have any legal effects? He also had a paycut in wage recently so I doubt the judge will agree on more than He has regular access every Friday till Saturday afternoon. We were ment to take the kids on holiday in Spain this campbell soup stock market but she is refusing now.

We had them last year in holidays with us for 5 days in Ireland. Would the judge agree world forex broker list take them on holidays?

My partner has some mental issues not impact on children at all - can his X play on that at court. Also she had been taking him to court every few months. As soon as any change in his life — she would just go to court: Sounds like the Court is being used as a stick to beat him with. Mediation agreements unless converted to legal agreements are not legally binding.

On maintenancethe onus will be on the person looking to change it to prove a change in circumstances sufficient to justify a change — a pay cut should be helpful in applying to make any change. However if the 1 minute taxes on binary option trading was made in Marchit may be difficult to persuade a judge to reduce the maintenance.

When you are in Court he should seek to formalize the access — including the summer holidays. I cant see a judge refusing the Spain holiday — unless there is something unusual about the circumstances.

If the access and maintenance is formalised — hopefully Court can be taken out of the equation! Hello, I have a 2 year old child with my ex partner. It has been a very acrimonious break up not from my side. I have a few queries but the main one I would like answered now is as follows. If the mother moves to another part of Ireland which is very far away lets say over miles awaycan I object to it? At present I see my child one or two nights overnight during the week and also most weekends.

If she moves it will drastically cut down the times I see my child. The quick answer — if she is the main carer you will run the risk that a court will allow her to move if it is in the best interests of the child or not against her best interests. This is all the more so when she has sole custody. You can imagine thats not the answer I wanted to hear. Your last sentence mentions sole custody.

How hard is it to get joint custody? Is there some chance? I wont take up more of your time. Joint custody is automatic when married but not so when unmarried. What would likely outcome be in court re addressing this issue as I must act due to the damage being done to our relationship is building and I need to try and ensure her mother does not allow this to happen again etc. Much thanks for your time. This is a very tricky issue to predict. As a 9 year old it certified forex trader likely that the Court will take her views into account.

The Court will, howeverseek to act in the best interests of the child. Normally it ought to be in the best interests of a child to maintain her relationship with both parents. Each case is decided on the facts as presented to the Court and each judge will decide a case on macgruber stock market crash they read the facts and apply the law. My wife and I are seperating.

She claims to State benifits. I have her tax credits. How do we start to decide on an appropriate split of the income? Should the mortgage be paid Is it reasonable that I would look for a 3 bed home moneymaker barrel that I have somewhere suitable to take the kids when they are spending time with me?

Finally — do you have an initial consultation process where these matters can be discussed in greater detail that is appropriate on this forex broker free vps Your finally is where we can start — email me on john Lynchsolicitors. She also has previously lied about certain cost and will not supply receipts for any extra purchases when she is looking for half. Example She told me when our son was a toddler his creche was 75 a week when it was 35, then also when they reduced the cost she told me they increased the cost.

At present I give 50 euro per week but she will only accept cash in hand. My starting comment is that 50 euro per week is not an unreasonable maintenance payment — and is more on the lower end of the scale. The lack of communication is more difficult issue.

As a parent and joint guardian if you are one you should be provided with forex trading free margin information.

The problem is how to enforce. The New Family Relationships Act try to address this by way of fines. It remains to be seen how this will work in practice.

It is probably not a question of whether or not you have a right to ask, as whether he has a right to refuse to pay. Child care is one of the costs associated with the childrenso the question is what he can afford to pay it and whether what he is already agreeing to pay might cover it. Maintenance has to be looked at in terms of the income and needs of both parents together with the needs of the child. He refuse too takes he 3 kids. Unfortunately there is very little that you can do to force a parent to exercise access by taking the children to a grandparents house.

Can you not suggest that he get alternative accommodation? It was all done very nicely with no problems and we were both happy with the situation. Last year my ex partner met a new partner who he is now engaged to and living with she has two childrenalthough on paper he is still claiming that he lives in his parents house.

I am also living with a new partner for the past 8 years. In January my ex partner said that because of the new Single Parents Tax Credit system he would not be able to pay maintenance unless I signed over my Tax Credits to him.

I was unsure of how this worked but did so as he did actually stop my maintenance for a week. This year however I refused to sign over my Tax Credits as the accountant where I work advised me against it and also because I know he is living with his new partner and our daughter does not reside with him days per year so I would be signing a false document. Is it possible for me to bring him to court to get this matter sorted as I now dont know what he will be paying week to week,as the maintenance is by standing order so he can change it when he wants.

Our daughter was 18 in December and is in her first year of a four year course in college. If I assume that the original agreement was made a Court order for maintenance then he is in breach of a court order and you can ask the District Court to seek recovery of any monies due.

He quickest way to earn money in simpsons tapped out vary maintenance if there is a change of circumstancesbut unless you agree he financial money makeover to make an application to Court.

If he applies to the court for a variation of maintenance, is it likely it will be reduced? He has to work overtime weekly as it is in order to meet the maintenance payments. Where there is a change of circumstances — such as on the birth of another dependent child — then an application can be made to vary maintenance. It is a binary options determine the trend trading system for the Court as to how much or whether a variation will be made.

Hi, I have a very complicated issue that earning money with wordpress arisen regarding my ex and buy stocks corning inc child. We were only dating for a few weeks when I fell pregnant. He was not around for the pregnancy or the birth but entered into a relationship when my son was 2 months old.

He was not on my childs birth certificate but I added him when we decided to move to Spain. The relationship was abusive, physically, but more importantly emotionally, financially and verbally. I stayed with him until my son was 3, we split up after one of the most violent attacks whilst living in Spain, I still have photos and an ambulance report from Spain of that final attack. The court granted me temporary full custody of my child on account of him not being present to contest anything.

Once my son started school in Spain a few months later I got a full time job. My ex was coming to visit my son once every 5 weeks approximately although it could be up to 7 weeks. He paid euro a month maintenance which was continuously late and I would always have to chase and often beg for. The abusive emails, phone calls and name calling has continued throughout the nearly 3 years of our separation. He once threw a can of drink over me whilst dropping my child off at my house because I overslept and didnt answer the door at the agreed time, in front of my child.

Despite this I have always encouraged contact. In february of last year he decided to move back to Spain, I told him I would be returning to Ireland by the time the year was out.

He was not paying proper maintenance once he moved to spain, i recieved dribs and drabs. I lent him money for a deposit this summer as he was homeless, he still owes me euro for this. In spain he had my son every second weekend and one week day. Again this was only when it suited him to do so. I lost my job there and returned to Ireland a few months ago. My ex then moved here… 6 weeks ago. I resumed an access agreement of every second weekend and one night a week.

He was promised work on arrival but it fell through so he is now on benefits and has told me he is waiting to start a job in January sometime. As well as not paying me back the euro he owes me, I also have not received maintenance for my child for 4 months now. I am in a very low paid job and struggling to make ends meet here while I start again in a new country and childcare costs are literally leavving me choosing between rent payments and food… yet I am still to receive any payment for my child.

On top of this he has entered in to a new relationship with an older woman yes he has only been in the country 6 weeks or so and my son tells me he has moved out of 1 minute taxes on binary option trading home and into hers.

He spent 5 nights over the christmas holidays as agreed, but my son spent it in this womans house without informing me, as he is now living there. With the access agreements we have had I think it is reasonable and responsible for both of us to be keeping any extra-relations away from our young son.

He refuses to give me an address or home number for this woman despite him having my son there and me having full custody guardianship. This man has walked in and out of my childs life as he pleases…and is using the guardianship to have control over me, another form of his bullying. So no need to get guardianship as there is nothing to contest. He is usually good with my son, calforex toronto rates I find it strange that guardianship would be given to someone with a violent history he also has a criminal record here, in the UK and abroad has a history of substance use and is continually verbally insulting me in front of my child.

How would the courts look at this. Would you advise me to withhold the contact until He provides this. I have no idea who this woman is at all. I also believe that my son should not be privy to every woman that he meets especially seeing them in bed together, I have never exposed my son to this!

In a nutshell- access without the proper address information? And can I contest this? In a nutshellon the access issuea Court will look to the best interests of your son. On the issue of maintenanceyou are entitled to such maintenance as he can afford based on his means and are entitled to make a Court application for it.

It will be a matter for the Courtunless you can agreeas to what level of maintenance will be payable. The money you paid him is a debt which is recoverable by issuing proceedings. My advise to you is to consult a solicitor who will advise you in more detail. And the issue of guardianship? How should I best approach this? I am not sure that the new legislation is going to help you with this issue. Normally, where a father is remiss on exercising access this would be reflected in the level of access that would be afforded by the Court.

The overriding principle is the best interests of the child and most judges consider that any relationship with a parent is better than none.

It might be worthwhile considering a go-between or mediator to see if you could get the message across that intermittent or irregular access is not good for children. Looking a bit of advise on my situation. My daughter is 8 months old, her father has never even bothered to see her.

He lives in England and I live in Ireland. I sent a solicitors letter 4 months ago and he got back straight away saying he wad willing to pay and sent all of his relevent details, due to his wages my solicitir asked for euro per week but this was negotiable, we have heard nothing back at all.

I was wondering would it be better and quicker for me now to go straight to an English solicitor and get affiliates for binary options success summons from over there? You can go to an English solicitor and get an English maintenance order or go to an Irish court for an Irish order that is enforceable in the UK.

I am divorced and we have a maintenance order in place. I am very worried he will stop paying completely. I have a notice of motion and grounding affidavit form and have no idea what I need to put on them. Is it in the matter of Family law divorce act ? Will there be court costs involved? I would hope not as he is the one who is breaking the order and he is fully employed and should have no problem paying for his children.

You would usually use a solicitor to draft the paperwork. If you cannot afford oneyou may be entitled to apply for Legal Aid. If you have an order you can look for an order for his attachment and committal for non-payment. What does at present access is to be personal to the father. It is in an access agreement that was signed by both parents.

Not sure without seeing the order or document. It how much money do wildlife rehabilitators make mean thatbut could also mean that he is to have the access rather than on behalf of his parents.

If there is a good reason why the child should not be near family or friends then the first meaning — exclusive to him — may be the meaning. Hi I have a question regarding maintenance. The child is never brought anywhere and spends most of her time with a childminder or her grandparents except when we take her so the maintenance is definetly not all being spent to care for her needs, my husbamd how much does a childminder earn in scotland questions the amounts he is asked for at school time or christmas time as he does not want to jeperdise the needs of the child.

His ex girlfriend- the runescape p2p money making guide 2016 of the child is now expecting her second child with her new partner, they are not married but are co-habiting in her house. Would the maintenance amount be reduced considering we could effectively soon be contributing to a second child which is no relation of ours- as we have no idea what she spends the money on as it is.

No an easy one to answer — I sympathise with your husband wanting to take any action that would affect the child. This is quite a common complaint but I would favour the approach of paying sufficient money to support the john bollinger on bollinger bands pdf and not try to monitor its use.

The issue is the amount and can it be reduced — not unless you can show a change in circumstances that would have the effect of reducing the money available or the needs of the child. The maintenance was court ordered long before her application. Does that order still apply now that my son is in England?

Its all v confusing. Hope you can help. The first thing to understand is that maintenance is always capable of variation where there is a change in circumstances.

This can be an upward or downward variation. When you apply to vary maintenance you have to establish that there is a downward change define drip of honey on the money maker order to vary the maintenance downwards — likewise with an upward review.

The second thing to understand is that there is no magic formula to calculate maintenance and accordingly it is a matter for the parties to either h4 visa holder can work at home it or for a judge to determine it.

798 profit in 15 minutes binary trading strategy you can have a failure to agree or a judge who is either generous or not — depending on which side you are on.

The issue for you is where the original order for maintenance was made how to make money wow 5.2 if it was made in Ireland you should be able to apply to an Irish court. Hi John there is in fact a formula in England — one which the government and the courts support. So this is the basis on which I powershell call function with parameters in script to reduce the payments down.

I will apply to the Irish courts to have it reduced to CSA lvels, as they found it acceptable to allow Jake to move over they should agree that I pay UK-level maintenance. Hi ,my wife and I are looking to separate and are waiting on a date for mediation.

She would like me to move out of the family home which I do not wish to do. She has always worked in one job or another and at one stage forex gmt trading hours running her own business. She has a couple of small private pensions in place. Could you advise as to whether I am obliged to pay her spousal maintenance ,would she have a claim to my pension and savings ,and do I have to vacate the family home.

The mortgage is in both names but I am the only one paying it? The first thing is, that if you do not wish to move out of the family home you do not have to do so from a legal perspective. If both of you work are capable of working then it is arguable that both of you should be able to maintain yourselves without reference to the other. In the case of savings and pensions it is usually a matter of distributing the value between the spouses depending on certain factors — such as contribution or ability to earn.

However it is difficult in this forum to give you a definitive response — firstly, because I do not have all the details and secondly because it is obviously a matter for a court in due course as to how it views proper provision.

I can only suggest you that the mediation process is a speculation in stock markets worthwhile exercise rather than going to the cost and stress of litigation.

I apologise for taking this opportunity and asking for another advice if it is ok. Husband has a wage of 70k per year while I have 33k. We have a family home on which there is a mortgage of k left.

We asked the Bank to allow the mortgage to be on my sole name and as I was to rent out a room I would have been able to pay the monthly mortgage payments myself.

The bank refused us. The house matter going to be revisited in 5 years time when I might be able to buy him out or at that time the profit on the house would be much better to allow each of us to get another property. Despite the fact that initially husband agreed to this arrangement he got upset because I am still in touch with the biological father of my child and asks medical transcription work from home sell the house now and split the profit which would come at 30k maximum for each after paying the mortgage.

Would a judge force me to sell the property and split the proceeds for the reason that husband is not the biological father of my child despite the fact that husband earns more than twice than I earn? I would be difficult to believe — but not impossible — that a judge would would force you to sell for such a reason. This is court agreed figure. There is data entry jobs from home ipswich specification for him to pay extra for school, Christmas, birthday parties, Communion costs etc.

She has not applied to court for any once off payments but is demanding he give her more money. Does he have to contribute extra even though he pays the court ordered amount each month? Also, she has not been giving him the agreed access to their daughter despite a court ordered access agreement — if he brings her back to court, will anything really change?

Is there any way the court can force her to keep the access arrangement? There are two linked questions is here — one on maintenance and one on access. I would normally separate them. On the maintenance if there is a court order it can be changed by how much does a childminder earn in scotland agreement of the parties how to make a money plant bushy if there is no agreement one or other of the parties may apply to court to change the arrangements.

If there is a court order on access and someone fails to comply with it, in theory you can apply to the court and asked them to deal with the breach. There are practical difficulties however in this but it might force the unwilling party to agree with the access rather than deal with the stress of a court application.

I have a toddler almost 3 years old and the husband is not the father and he knows it. We are in the course of separation and are going to see a mediator soon. I do not want to involve the real father as he is married and has kids and this would put an end to his marriage and affect the children. My question is can my husband by proving with DNA test that he is not the father to ask the court to force the real father to pay maintenance?

If husband supports his refusal to pay child maintenance by saying that he is not the father could the judge ask husband or me who the father is and eve station trading spreadsheet the real father to pay maintenance? Pamela, I do not think so.

I may be missing something here, if you do not look for maintenance for the child from your estranged husband husband, then there can be no issue about parentage.

Thank you for your reply to my query. Just to clarify the biological father is voluntarily helping me financially so the child is like after. Big expenses will obviously change that for certain months, but i am happy to help where i can.

I am not sure what to do as the last thing i want is my son to suffer under the situation. This is the eternal quandary when you are the maintenance payer. You could say that the ultimate answer is to leave it to court iraq stock market etf determine the maintenance. However, this can cause significant stress to all the parties.

The best answer I can give you is that you should try and seek to mediation an agreement on maintenance and parenting issues. Hi, I was wondering what way the courts decide on access.

How To Become A Childminder | MyFamilyClub

We currently have a court order which allows access to my daughters father every Saturday pm — Sunday pm and Tues and Thurs for 2 hours in the afternoon. This was agreed when father was unemployed but is now employed so cannot take her in the afternoons anymore. He has now filed to vary access and wants two nights every weekend. I have not agreed to this and feel the agreement we have at the moment suits our daughter perfectly. I am very nervous that he will get granted the how does gmx email make money weekend, every weekend that he is looking for.

What will the judge look out for — will he compensate the 2 hours every tuesday and thursday that he is now missing and give him the extra night every weekend?

how much does a childminder earn in scotland

The short answer, depending on the age of the child, courts will usually grant overnight access. The general trend or attitude of the court is that access is a right of the child and the court will generally go out of its way to facilitate access taken into account circumstances of both parents. What is the best advise you can give for the grandparents to follow in relation to becoming legal guardian etc.

Mother refuses to even sign a passport form for her daughter to travel with grandparents. Under the new legislation, they should be able to make a court application in their local district court. Unusual, but anything is possible depending on the judge — you would of course have the right to appeal. Can a judge order me to take more access than I have already. I find the current access is interfering with the kids schooling and my work.

Quick answer, it would be very unusual for a court to order you to ruger mini 14 tapco up more access. However, it is always arguable that it might be in the best jfd forex broker of your children!

She is now 10 years old. I continued to pay this amount when I lost my job 4 years ago despite job seekers allowance being my only source of income. I have recently moved in with my new partner and am now no longer eligible for social welfare payments because she earns too much. I therefore now have no income of my own and am being fully supported by my partner.

I am now no longer in a position to pay anything towards maintenance. How do I go about communicating this to my daughters mother? Also, is my partner now liable to pay for my daughters maintenance costs as she is essentially supporting me? We what makes the seasons by megan montague cash due to be married next year- would this change the situation at all?

Thanks so much for your advice. The legal way to deal with a change in financial circumstances — which results in an inability to pay maintenance — is to apply to the Court to vary the original maintenance order.

If this is not doneyou could find yourself before the Court for breaking a Court order which is a criminal offence. However living with a new partner could have the effect of reducing living costs and therefore making more funds available to pay maintenance. I have a query in relation to access for a teenage child. My brother and his ex wife are divorced. Ex wife gives lots of hassle over the years, involving the child in all sorts of verbally abusive arguments towards her dad.

He is unable to speak to his daughter without the mother being present for the phone call. He calls her a lot but the phone is only answered when the mother is around and the conversation consists of the ex wife screaming obscenities down the phone.

My brother is obviously worried about how his relationship with his daughter is slipping away from him with no substantial reason. Thank you in advance. This is quite a difficult and all too common situation. Neither is it amenable to a legal answer.

The bottom line is that the child is at an age that her wishes will be taken into account by any court. It is difficult to see a situation where she would be forced by a court to exercise access. My non-legal advice would be to use every possible opportunity to meet with his daughter on a one-to-one and keep phoning and attempted to communicate. Child maintenance is not considered the income of the mother for tax purposes. However, if the child is been independently maintained and is in college it would impact on the family income supplement.

I am seeking a divorce and my spouse has indicated that she will not be contesting. There will be do dispute about maintenance as there are no dependent children and it was agreed that neither party would make financial demands on the other. My spouse has engaged a solicitor. Am I liable for the cost of the solicitor? In family law divorce proceedings it is not the norm to award costs to either party — so the short answer isno. I hope you can advise. At the moment my partner takes his daughter every single weekend, the arrangement that has been in place for the past year has been one weekend she stays with us Friday evening until 6.

My partner does the pick ups and drop offs as the mother refuses to do this as there is a toll involved. However her mother sent a threatening message to my partner recently, saying that he now has 2 choices, either take his daughter fri-sun every weekend, or not see her at all.

I am just enquiring as to if this went to court, would the mother have the right to impliment this new arrangement? There is no logical reason for her insistance other than that she wishes to have all her weekends child-free.

Both he and I work Mon — Fri and we live too far away from the child to take her during the week. The mother now does not work at all and claims social welfare.

We feel that this is a bit excessive in terms of access arrangements and we were happy with the existing one. The child is perfectly happy with the arrangement as it stands and is unaware of this conflict.

We are seriously considering taking this case to court. A few comments — he is a lucky father to see his daughter every weekend ; the Court considers that the best interests of the child are paramount ; I am glad to hear the child is unaware of the conflict ; the mother will not be allowed to remove access in its entirety. Is there a compromise position here that would prevent a stand off — full alternative weekends? My son is 18 years old and was diagnosed with aspergers syndrome in june this year.

His dad and I were never married and have been separated since he was 2. He only answered my call when I text him to say I would call to his house if he continued to ignore me. He informed me he no longer intended to support our son but still wanted access.

We are from a small area and I am sure this is just for show as he has never been an active father figure. Just wondering where I stand on maintenance and access? My son has deferred his college placement until next year because of his recent diagnosis as he is not ready but will be attending next year.

If a child remains in full-time education until 23 years there are entitled to maintenance. Furthermore, if a child suffers from a disability there are also entitled to maintenance during the period of their disability. Hi In August 14 me and my parner broke up due to a slight substance abuse.

I went to counciling and got over it we got back together however broke up a few months ago. I have my son for 12 days in a month, these are my rest days from shift work, sometimes more. I pay his maintenance every week without fail. I pay his healthcare each week. I feed him at all my visit. I am now looking for guardianship and an access agreement for holidays, she is refusing point blank and states if I apply to court it will not be granted due to the pervious substance abuse???

Would I be wasting g my time in court, the substance abusers is being used as a beating stick constantlythere is no fear for the safety of the child as can be seen from my involvement. If a court were to be satisfied that substance abuse was an ongoing issue, then this would have an impact on the type of access that might be granted.

Obviously each case depends on the extent of the evidence of such abuse. Guardianship and access are two distinct issues. Normally, guardianship would not be refused — this is by reason of the fact that guardianship is not a hands-on day-to-day care issue. Guardianship usually involves decisions on the education, health and welfare of the child. If it is the case that someone has issues with substance abuse but that such abuses under control and can be proven to be so, there should be no reason why reasonable access would not be agreed between the parties.

If the matter has to go to court, judges normally take the view that access is as much a right of the child is that of the parent and that therefore it should not be restricted unless there is sufficient proof of risk to the child. Hi, I have been separated and living apart from my ex for the past 16 years with a separation agreement. The agreement specifies that neither party shall make any financial demands on the other.

There are four children who are all grown up with their own families. Youngest is 32 eldest I am retired and ex is working as a teacher. Has she any grounds for opposin or slowing down divorce proceedings?

Usually no, unless there are some unusual circumstances that might prompt a court to consider that the separation agreement had not made proper provision between the parties. Butof course, that does not prevent a party from opposing.

Hi, Myself and my husband live in Australia. He has 2 children from a previous relationship aged 17 and He pays maintainence weekly and also pays half the mortgage as the house is half his. His 17 year old daughter is coming to live with us indifently and the 19 year old is going to college but only part time this year.

My question is does he have to continue paying for the 19 year old or will they cancel each other out in a way. We would be giving him an allowance each month anyway. A dependent child is entitled to maintenance payments while they are in full-time education up to the age of 23 if a child no longer resides with one parent as a matter of law there are entitled to maintenance from the other parent. My ex partner now lives in Galway, I am in Dublin.

I see my daughter almost every weekend where I drive to Galway. Sometimes I stay and sometimes my daughter is allowed to Stay with me in a local hotel. I always pay my maibtainance and recently just increased this, however I continually get requests to buy clothes shoes and other things for my daughter.

I have sent a letter, outlinging access, maintenance, Xmas visit, time together, regular evening phone calls, holidays and a quarterly trip to see UK grandparents, but the letter is refused to even be acknowledged. I see my daughter regularly but I just want a plan so we all know where we stand and can make plans for the future etc.

Maintenance would usually cover all outgoings for a child — however, as a matter of practice, this does not prevent additional payments and certainly does not preclude the maintenance paying parent from making additional contributions, or being asked to make such contributions.

It is always a very delicate balance between legal obligations and maintaining a one-to-one relationship with the dependent child. The access which you are seeking does not appear to be unreasonable — however, I would suggest that you attempt to mediate a parenting plan.

If you are not in a position to deal with the matter by mediation then your final resort is a court application. Court applications are usually based on the best interests of the child to take into account the circumstances of both parents and the needs of the child. My suggestion is to try to mediate a parenting plan and, failing this, deal with the matter by Court application.

I secured a maintenance and access order through the district court in February in relation to my child with my non-marital ex partner. The access agreement was reached through mediation and this was made a rule of court during the maintenance hearing. Access was agreed for a pick up from school on Wednesday and overnight stay, pick up from school every second Friday and an alternate every second weekend.

Approximately 3 weeks after the hearing my ex-partner gave 6 hours notice that he was taking up employment this has happened on numerous occasions and would not be taking our child on the appointed days as agreed. He refused to try and sort out alternative child care arrangements for these days or to agree to further mediation to agree on access. Basically, is there anything I can do here?

Does the access agreement mean anything at all or can he just decide not to comply with it? The judge ordered maintenance to be paid by direct debit to me but this was never set up. Instead I have to continuously chase him for it.

When I mention legally varying the maintenance order he usually just leaves his job or will tell me that it is temporary. Can he be compelled to submit wage slips etc? Where do I go with this? I believe you should revisit the matter by Court application. I would however warn you, that this system does not offer much opportunity to oblige a parent to exercise access.

Hi, I am Irish and moved to US about 7 years ago. When I told him I was pregnant he told me he wants nothing to do with me or his child and has refused to talk, text, email with me since. He still lives in Ireland and has his own business.

Childcare Vouchers - Working parents Frequenty Asked Questions (FAQs)

Can you tell me the best steps to take with regards to trying to get him to help with child support considering me being in the US? Is there any repercussion? If the US has a treaty in place with Ireland then it should be possible to enforce any maintenance order in an Irish court.

The fact that the father does not wish to see the child is no bar in Ireland for an application for maintenance. Hi Bit more than three months my wife asked me to leave the house, on the grounds that as we no longer loved each other our marriage was a joke and should leave.

I been giving children maintenance since I moved out, two month consecutively paying euro and last month. She now took her tax credits back which has reduced my wages plus tax credits back to January which means a bigger cut in my salary starting January next.

Does she really have any grounds to do this? Leaving aside the question of whether or not you should have vacated the family home, maintenance is a standalone issue. The children have to be maintained and such maintenance is dependent on their needs, both of your needs and the joint resources available.

In a nutshell, maintenance will be an ongoing issue up to when the children come of age — max. The amount of the maintenance will be calculated taking these factors into account. It is not a precise mathematical formula or capable of easy valuation. If I understand youyou will be getting increased access — week onweek off. Congrats on achieving that and I hope it worksI am a big fan of shared parenting. The short answer on the maintenance is: The overriding objectivehowevershould be the best interests of the children — and being too pedantic on the money side may not help!

I have hired a PI and have a statement and pictures proving he is working. Can you please advise if the judge can enforce payment as I have evidence he is working. Would you recommend I engage a solicitor as this is now getting messy. Siobhanthere are a few separate issues that you need to deal with andyes, I would recommend that you retain a family law solicitor. If there is a Court order in existence and he is in breach of this order by not payingthen you should ask the District Court to enforce the order.

This will deal with the maintenance arrears. If he says he cannot pay ,then he should seek to vary the order by going back to Court to apply to vary it. He will be allowed to vary itif he can show that there has been a change in his financial circumstances sufficient to justify a change since the first order was made. Your evidence of his working is obviously very relevant for a Court in dealing with such an application — particularly if he denies that he is working.

What is the case with this sort of thing? Could the Court extend the access to weekend in addition to weekdays where the father does not work. The primary role of the Judge is to look to the best interests of the child and not the parents. The problem always in these cases is trying to assess how the Court will view each case.

This is where a local family law solicitor who has familiarity with the Judge will help. Also the safer and more certain option is to try to reach agreement by discussion through solicitors or by mediations. It obviously depends on the detail, but as a general response, it should not entitle a non-custodial parent to get full custody if the medical personnel dealing with the conditions consider that it does not have an effect on the welfare of the child.

This looks like a specific issue that need input from a local family law solicitor. The short answer is that a Court will be unlikely to make any orders on the issue of the step father but will more than likely permit guardianship where there is access. A short answer is that you are are obliged to pay both child and spousal maintenance depending on the circumstances of both parties and the children. The assessment is based on a number of factors — e. If she has no income and the children are minors then maintenance will normally be payable.

The amount is based on the amount required and the amount of money you have available after catering for yourself. The child benefit will come into the mathematical calculaton of how much — if she gets it it reduces what you pay, if you get itit increases what you pay. One point to remember about maintenance is that it varies with the changing circumstances of the parties — i.

Hi I have a query about maintenance, my partner and I split up 6 months ago and before we spilt he was with the kids all the time. Hi, my partner has only started taking his son a lot and now over night and he was wondering if he was to get his name put on his sons birth cert who is 6 now, would he have to pay maintance since the day he was born?

Hi, my husband has left me recently. He rarely takes the kids, yet he has recently summonsed me to court over access. I need to understand what he is looking for before I go to court. Does he have to lodge details of what he is looking for before the court hearing?

Paula, it would appear that he does not appear to think that he can deal with the issue without court intervention. I would suggest being proactive and writing to him setting out your willingness to discuss the details of access — and even set out the access times. He does not have to lodge details — but you can ask him or his solicitor for these details. There is no link legally between paying maintenance and having the father on the Birth Certificate.

We have 4 kids. What can I do? Does he have to take them? Will a judge make him? I only want some time to do my own thing. One might say that, in the long run, the loser in such a situation is the parent who fails to take up an offer of additional contact with the children.

I have Court Decision for child maintenance from another EU country. Myself and my ex husband we r living in ireland and he is not paying maintenace for his child many years.

What should i do? Do i have to go to Court again here in Ireland? If you have a valid EU court order for maintenance it can be enforced with the help of the Central Authority.

It can be contacted: Myself and my ex agreed that I would pay a weekly maintenance along with two lump sum payments a year in exchange for her letting me have my kids every second weekend. However she cut off my access for the kids and I can no longer afford the two yearly payments.

I am still paying weekly maintenance and she now wants to bring me to court for not paying the lump sum payments. Where do I stand in this? Firstly, access is not linked to maintenance. You should be able to see your children. Secondly maintenance is based ,naming other factors, on your ability to pay. That decision is, however, a matter for decision for the particular judge hearing all the evidence.

Hi I am a mum of two boys. They father of the boys has not been involved in over a year and has paid no maintenance whatsoever. Where would I stand on this. Lisa, the short answer is that the Court will take the view that it is normally in the best interests of a child to have a relationship with their father. Obviously it is in the detail that your answer becomes more difficult. If he is an unmarried father he is obliged to apply to Court for guardianship and access and it is a matter for the Court to determine the extent of such access orwhether or notor more commonly when to grant guardianship.

He is also telling me if he brings me to court and he will get 3 overnights one week and 4 over nights another is this correct can he get that much access? Not an easy question to answer. But if there is substance abuse and concerns over the level of carethen it is important that there be assurances that the child is not at risk.

Nine weeks is very early daysso I would recommend that you try to meet the needs of both parties and maybe, agree to mediate a parenting plan. This should address the issues such as the introduction of new partners to the child, the level of accessmaintenance and non-exposure to drug or substance abuse.

Hi I am rearing my great grandson for the last 7 yrs. He is 11yrs old? His mother does not live with us and is on lone parents allowance. Social workers have been involved in the past and has said she is not capable of looking after him due to substances. Can I go for guardainshiip. Her mother has her other child who is 6yrs old and in the same circumstances as myself.

You will be as soon as the legislation, the Children and Family Relationships Act is activated by the Minister. The Act was passed into law on the 6th of April but needs the support paperwork to come into practice. I am not sure how long this will take buthopefullya matter of weeks rather than months. Hi,would you be able to help me with a question.

I had an agreement in place with my sons mother with regards to maintenance. Since last September i have put the money in to a new savings account for my son due to his mum saying she did not want the money anymore. She now wants the money reinstated and backdated.

I have got a solicitors letter asking for a record of my finances which i sent off to them. I have explained in my reply that if she attends mediation that i will reinstate the money.

If she wants the maintenance backdated and reinstated and if you have not issue with the amountI would suggest that you offer her the money that you have put away and re-instate the payment to her.

There is no provision for looking for arrears in any Court application and you would only show your income in an application. When showing your overheadsyou would show your share of the overheads only. Also would that money be back dated based on what he used to pay if at all??? Not sure whether you are talking about maintenance for your self or children.

If you were not married maintenance is not usually payable unless you are a qualifying cohabitant 5 years without children and 2 years with children and you can establish financial dependency as a result of relationship. If it is for children that is a different matter and you can make a Court application for maintenance and such maintenance will date from the date of the application.

There may be some scope for an argument for arrears if there is a voluntary agreement but this will be on the basis of breach of contract. The cost will depend on whether or not it is a District Court or a Circuit Court application — and that is dependent on the level of maintenance being sought. You should also check if you qualify for Legal Aidandotherwiselook for a quote for the services. Sorry was referring to maintenence for our 2 children, should have specified!!!

He also owns his own business but told me he put it in his fathers name so he wouldnt be ordered to pay much maintenence, I appreciate the reply thank you so much. Brief query on maintenance — I have a family agreement on maintenance of children for the last 14 years on divorce. Both children are now over 18 and attending university away from the family home. Can I now pay the maintenance sum previously paid to my former spouse, directly to them?

Mike, A good question and one that often comes up. Usually the maintenance payer would prefer to maintain adult children directly and the other parent will prefer to continue to manage the funds for the child. The answer will depend on how the original agreement was framed. If it specifies that the payment is to be made to the other parent while the adult child is in full time education then you will have to get their agreement to change it or make a Court application.

There is no certainty that a Court will agree to alter the arrangement. Another way of approaching it — if the maintenance sum is specified and inadequate, you could continue to pay the agreement sum to the other parent and supplement any additional sum directly to the child. I have an 11 year old son.

Its what all 3 of us really want!

how much does a childminder earn in scotland

There is currently a private Bill before the Oireachtas that would deal with this and enable your new partner to make such an application.

However, it is not yet law and does not seem to be progressing. Presently, other than appointing him as guardian by will, there is not a mechanism to appoint your new partner a guardian, while you are alive. He is also an alcohalic. She left him and went to rehab and is seven months sober. They are not married either. Why are they doing this and is it legal that the kids are with him and his ones. This seems to be a case where the HSE, social work department, have become involved.

It is their statutory responsibility to deal with children at risk or in need of intervention. The parents should seek legal advise on their duties and responsibilities in this specific situation before signing any paperwork. I would like my ex partner to have supervised access with our two young children, preferably going through the court system as he has had a poor upbringing and a criminal past.

I am not interested in maintenance although he claims the two acts are intertwining, saying if I look for access there will be a maintenance order put in place. As a general comment without knowing the specifics, access is better done by agreement rather Court orders, maintenance and access are not necessarily linked and a barring order is rare where the evidence based on a 5 years old episode of assault.

Child maintenance usually finished at 18 years unless the child is in full time education 23 years or has a disability until the disability ends. My husband is employed in England. He refuses to contribute to the bills and may buy coal when he feels like it and so fort. I have tried discussing same with him….

Ifor the sake of the family would like it sorted amicably. The best way to sort it out is amicably for all concerned. Taking the steps to make such an application might bring the matter to a head. Lynch Solicitors — Divorce, Medical Negligence, Personal Injuries, Bankruptcy, Property and Estates. Maintenance, Access and Guardianship. Hi John Thank you for this helpful resource. I hope this helps. Am I obliged to pay any of her college fees when I pay Maintence every week to her mother?? Hi I have a maintenance order against me of euro per month, which I am unable to pay and I have informed both the judge and my wife about this, I have for the last few months paid what I can and I have been upfront with her about this.

Hi Many thanks, she has gone to the court without my knowledge and without me being present and got the court to take the money out of my salary and I must also pay what I have not been able to pay before, to put it short this is going to ruin me and I will loose my job, this is no joke.

How would this be viewed in the courts? You should notbut you will have to if you dont have prior agreement.

Rating 4,6 stars - 726 reviews
inserted by FC2 system