If you are struggling to receive the financial support you or your child needs, or you are being asked to pay maintenance that you believe you cannot afford, getting proper legal advice can help you understand your rights and obligations.
Maintenance disputes can become stressful, particularly when payments are missed, an existing order no longer reflects your circumstances, or you cannot reach an agreement with the other parent or spouse.
At Tjale Jubilee Attorneys, we assist with maintenance applications, disputes, enforcement and applications to change existing maintenance orders.
WHAT IS MAINTENANCE?
Maintenance is financial support provided to meet the reasonable needs of a person who is entitled to receive support.
This may include child maintenance or spousal maintenance, depending on your circumstances.
Child maintenance is intended to contribute towards the costs of raising your child, including necessities such as food, clothing, accommodation, education, medical care and other reasonable expenses.
WHO CAN APPLY FOR MAINTENANCE?
If you are responsible for caring for a child and need financial assistance from the other parent, you may be able to apply for child maintenance.
You may also have a maintenance claim against a spouse or former spouse in appropriate circumstances.
If you are unsure whether you have a claim, we can assess your circumstances and advise you on your legal position.
HOW IS MAINTENANCE DETERMINED?
There is no single amount that applies to every maintenance matter.
The amount of maintenance depends on factors such as the reasonable needs of the person receiving maintenance and the financial means and circumstances of the person who is required to pay.
Your income, expenses, financial responsibilities and the needs of your child or other dependant may all be relevant.
WHAT DOES CHILD MAINTENANCE COVER?
Child maintenance can contribute towards the costs associated with raising your child.
Depending on your circumstances, this may include:
- Food and groceries
- Clothing
- Accommodation
- School fees and educational expenses
- School uniforms and supplies
- Medical expenses
- Transport
- Extramural activities
- Childcare
- Other reasonable expenses relating to your child’s needs
The specific expenses and amount required will depend on your child’s circumstances and the financial position of both parents.
WHAT IF THE OTHER PARENT IS NOT PAYING MAINTENANCE?
If you have a maintenance order and the person ordered to pay maintenance is not making the required payments, you do not simply have to accept the situation.
There are legal mechanisms available to enforce a maintenance order.
Depending on the circumstances, enforcement may include steps such as seeking payment of arrears and other appropriate remedies available under the Maintenance Act.
We can advise you on the appropriate enforcement process and assist you in taking the necessary steps.
WHAT IF YOU ARE PAYING MAINTENANCE BUT CAN NO LONGER AFFORD THE AMOUNT?
Your financial circumstances may change after a maintenance order has been made.
You may have lost your employment, experienced a significant reduction in income, acquired additional financial responsibilities or experienced another substantial change in your circumstances.
If you can no longer afford the amount ordered, do not simply stop paying.
You should obtain legal advice about whether you can apply for the maintenance order to be varied, reduced or discharged, depending on the circumstances.
CAN A MAINTENANCE ORDER BE CHANGED?
Yes. In appropriate circumstances, you may apply for an existing maintenance order to be changed.
This may include an application for:
- Variation of a maintenance order
- Substitution of a maintenance order
- Discharge of a maintenance order
Whether an application will succeed depends on your circumstances and the evidence available.
WHAT IS A MAINTENANCE APPLICATION?
If you need financial support for your child or yourself, you can make an application for maintenance through the appropriate maintenance court process.
You will generally need information and supporting documents relating to your financial circumstances and the needs of the person claiming maintenance.
We can assist you with preparing your application and advise you on the information and documents that may be required.
WHAT IF THE OTHER PARENT HIDES THEIR INCOME?
Maintenance disputes can become complicated where you believe the other parent is earning more than they disclose or is not providing a complete picture of their financial position.
If you have concerns about the information being provided, we can advise you on the appropriate legal steps and evidence that may be relevant to your maintenance matter.
MAINTENANCE DURING DIVORCE
Maintenance can also become an important issue during divorce proceedings.
If you are going through a divorce and need financial support while the divorce is still pending, you may need to consider appropriate interim relief.
Depending on the circumstances, this can include a Rule 43 application in the High Court.
Where appropriate, we can advise you on interim maintenance and other financial relief that may be available during divorce proceedings.
WHAT IS A RULE 43 APPLICATION?
If you are involved in a divorce action in the High Court and need financial relief before the divorce is finalised, Rule 43 may provide a mechanism for seeking interim relief.
This can include interim maintenance for a spouse or child, contributions towards legal costs and other relief provided for under the rule.
Whether a Rule 43 application is appropriate depends on the circumstances of your divorce matter.
WHAT IS A RULE 58 APPLICATION?
Rule 58 deals with applications relating to maintenance in divorce proceedings in the Magistrates’ Courts.
If you are involved in divorce proceedings and need interim maintenance or other relief, the appropriate procedure will depend on the court in which your divorce is being heard and the circumstances of your matter.
We can advise you on the appropriate application and procedure.
CAN YOU CLAIM MAINTENANCE FOR YOURSELF?
In appropriate circumstances, you may be able to claim maintenance from your spouse or former spouse.
Spousal maintenance is different from child maintenance and depends on factors including your respective financial circumstances, needs, means and the circumstances surrounding the marriage and its breakdown.
We can advise you on whether a spousal maintenance claim may be appropriate in your circumstances.
MAINTENANCE AND DIVORCE SETTLEMENTS
If you are negotiating a divorce settlement, maintenance should be carefully considered before you sign an agreement.
A settlement can affect your future financial obligations and rights.
Before signing, you should understand exactly what you are agreeing to regarding child maintenance, spousal maintenance and other financial responsibilities.
WHAT IF YOU AND THE OTHER PARENT AGREE ON MAINTENANCE?
If you and the other parent are able to reach agreement, it may be possible to formalise the arrangement through the appropriate legal process.
Having a properly documented arrangement can provide greater certainty and make it easier to address the situation if payments are not made as agreed.
HOW TJALE JUBILEE ATTORNEYS CAN ASSIST YOU
At Tjale Jubilee Attorneys, we assist clients with a wide range of maintenance matters.
We can assist you with:
- Maintenance applications
- Child maintenance
- Spousal maintenance
- Maintenance disputes
- Maintenance arrears
- Enforcement of maintenance orders
- Variation of maintenance orders
- Substitution of maintenance orders
- Discharge of maintenance orders
- Rule 43 applications
- Rule 58 applications
- Maintenance issues arising during divorce
- Negotiation and settlement of maintenance disputes
- Advice concerning your maintenance rights and obligations
Whether you are trying to obtain maintenance, struggling to receive payments, facing enforcement proceedings or seeking to change an existing maintenance order, we can help you understand your options and take the appropriate legal steps.
NEED HELP WITH A MAINTENANCE MATTER?
Whether you need financial support for your child, are seeking spousal maintenance, are dealing with unpaid maintenance or need an existing maintenance order changed, do not leave the matter unresolved.
Contact Tjale Jubilee Attorneys to discuss your maintenance matter and find out how we can assist you.
