Introduction of Child Maintenance Guidelines

Karen Tobin, Family Law Partner examines the governments guidelines for child maintenance and the introduction of the online maintenance calculator.

All parents have a financial obligation to support their children, if they are separated, this will arise by way of a maintenance payment. Child maintenance is payable while a child remains in full time education or when they reach the age of 23, whichever occurs first.  A child has a right to financial stability and security.

Currently, maintenance is calculated based on the needs of the family and a person’s capacity to pay. This is legislated for under the Family Law (Maintenance and Spouses of Children) Act, 1976 and the Family Law Act, 1995 as well as the Family Law (Divorce) Act, 1996 which gives the following guidelines in assessing a maintenance calculation:

• Income and earning capacity of the parties
• Property and other resources
• Financial and other responsibilities

A party will want to know what financial obligations they have to support their children with the other party wanting to know what figure they will receive to ensure financial stability.   It is difficult to give people this certainty under the current guidelines.

Currently maintenance is paid;

• Directly to the other parent not the child or
• Through the courts.

Ireland is set for the introduction of an online maintenance calculator which will bring much needed clarity and certainty to parents in terms of their obligations and financial security.

How will it work?

The new guidelines will consider the following in assessing and calculating a maintenance figure:

• Assets of each party
• Gross income of both parents excluding child related benefits, namely one parent family and supplementary welfare allowance.
• Estimation of costs of a child
• Parenting time
• Other dependents of a paying parent
• Income of any dependent children of the family or spouse
• Support allowance for paying parents ensuring they have sufficient income to meet their own basic needs.
• Minimum rate of maintenance will be applied to provide a baseline contribution.
• Costs of the child based on their age.
• Additional expenses pertaining to special or complex needs.
• The continued practice of sharing childcare, medical dental and educational costs to be shared.

Once the required information is computed into the online system the calculator will provide a recommended figure.

It is recommended that maintenance is reviewed annually.  A review will also be required in the following circumstances:

• A substantial increase or decrease in income
• A change in parenting time or living arrangements
• New additional needs or expenses that arise.

Conclusion

The maintenance calculator will give financial stability and certainty for separated parents,

It is also likely to set a baseline for any court applications giving consistency and predictability.  It is anticipated that the calculator will reduce conflict between parties in the breakdown of their relationship.

If the parties dispute the calculator figure, then it may be necessary to make an application to court. It is anticipated that the number of maintenance applications to court will significantly reduce.

The notable difficulties which may arise is enforcement of the payment and dealing with arrears that may accrue if a party fails to make payments.   If this occurs, then an application to the court will be necessary to enforce a maintenance payment.  This may result in an Attachment of Earnings Order, where maintenance is deducted directly from a person’s income.

It is envisaged that the maintenance calculator will come into effect in 2027.