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When: Aug 9, 12
Who: Staff
With: No Comments »

Following the breakdown of a marriage the issue of maintenance of spouses and/or dependant children can arise.  It can also be an issue in a non-marital situation where there is a dependant child or children. Maintenance can be agreed between the respective parties or alternatively an application can be made to Court for a maintenance order.  A maintenance order compels one party to make periodic payments to the other of such amount and at such times as the Court directs.  The Court decides what maintenance is proper in the circumstances based on the means of the parties.   In assessing the amount of maintenance to be paid the Court will consider:-

  • the incomes, earning capacity, property or other financial resources of each party;
  • the financial or other responsibilities of each spouse/party towards the other and towards any dependant children of the family;
  • the responsibilities of each spouse/party as a parent towards any other dependant children and their needs.

 

If circumstances change an application can be brought before the Court to have the maintenance order varied.

The enforcement of maintenance orders can be dealt with through the Court.

If you require advice on:-

  • seeking maintenance;
  • varying an existing maintenance agreement or Court order or
  • enforcing a maintenance order which is not being complied with

 

You should contact on 021 427 5220 or by email at info@kmcc.ie

 

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Kieran McCarthy & Co. Solicitors
Floor 3B, 6 Lapps Quay, Cork.
t: 021 427 5220 | f: 021 427 5250

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