Dear Claudine,

My boyfriend and I broke up three months ago. We have one child aged three and he is now refusing to pay maintenance for his daughter. He is working fulltime and takes her overnight most weekends. He refuses to pay money to me for her, stating that he buys her clothes and pays for her when she is with him at weekends.

Can you please advise me.

Susan

Dear Susan,

Thank you very much for your email. As parents you both have a responsibility to support your child financially. As you are not married, you are the Sole Custodian of your daughter and regarded as her Primary Carer. The lawful father of your daughter is legally obliged to jointly maintain her. You can both sign an informal Maintenance Agreement setting out how much maintenance will be paid. If you both cannot reach an Agreement in relation to the maintenance to be paid, then you can make an Application to the District Court at Dolphin House, East Essex Street, Dublin 2, seeking an Order for Maintenance. You do not require legal representation to make your Application, though you may wish to instruct a solicitor to act for you, once you have been allocated a Court hearing date. Either of you are eligible to apply to the Court under the Family Law (Maintenance of Spouses and Children) Act 1976 for a Maintenance Order. The maximum amount of maintenance that the District Court can order is €150.00 per week per child. You may also seek special one off payments for example: at Christmas time or at the start of the school year. An Application for maintenance can be made at any time before your daughter reaches the age of 18 years old, or 23 years old if she is in full time education. The amount of maintenance payable by a parent is based upon the requirements of the dependent child and generally you, as her mother will be required to complete a weekly expense sheet clearly setting out how much money you require to assist you in maintaining your daughter. Also, you may like for formal Access arrangements to be put in place and you should also apply for a Summons to vary Access under Section 11 of the Guardianship of Infants Act, 1964. Both of your Applications will be addressed on the same Court date.

I hope that the above is helpful to you and thank you for your very kind e-mail.

With every good wish.

Claudine.

“In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement”.