Making maintenance arrangements
There are three main ways that you can make a maintenance arrangement:
- A voluntary maintenance agreement. This is where you both make an informal written agreement yourselves without involving a mediator, solicitors or a judge.
- A voluntary maintenance agreement using mediation or legal help. This is where you both get either a professional mediator or your own solicitors to help make a written agreement.
- A maintenance order. This is where you both cannot agree and request that a judge decides the terms of the arrangement.
You may amend any of these arrangements if your personal or financial circumstances change.
Voluntary or informal maintenance agreements cannot rule out the possibility of applying to the court for a maintenance order in the future.
Maintenance payment amounts
You may decide to reach an agreement together on the amount of maintenance to be paid. Alternatively, you may ask a judge to make a decision. While there is no legal formula for calculating maintenance payment amounts, a judge will consider each of your:
- Income such as income from employment, social welfare benefits, or other sources.
- Assets such as land, property, vehicles, or other assets.
- Expenditure such as household bills, loan repayments, the costs of raising children, or other expenses you have.
- Supports for other people such as maintenance payments for other dependent children.
A judge is also legally bound by set limits on the amount that can be ordered.
For example, in the District Court:
- A judge can only order a maximum of €500 per week be paid to a spouse and up to a maximum of €150 per week per child.
- The highest lump sum payment that can be ordered is €15,000.
Bear in mind, that if maintenance payments agreed in a voluntary or mediated agreement exceed these limits, the agreement cannot be made a Rule of Court in the District Court. Applications for higher maintenance payments must be made to the Circuit Court. In exceptional circumstances you may be able to apply to the High Court.
Voluntary maintenance agreement
You can make informal financial support arrangements without having a solicitor or the court involved. This is called a written voluntary maintenance agreement. This agrees how much maintenance will be paid and over what time period. It will take into account the needs and expenses of both parties.
Things to consider:
Before drawing up a voluntary maintenance agreement, there are some things you might need to calculate, such as each other's:
- Current living costs
- Financial resources or means, like current earnings, potential future earnings and assets held
- Financial obligations, such as maintenance for dependants from another relationship
- The costs of raising a dependent child
With this agreement, you might choose to produce a written document setting out the terms that have been agreed by everyone. This document can be made a Rule of Court. This means that it is treated the same as a maintenance order and can be legally enforced like one.
You can apply to the District Court or Circuit Court to make your agreement a Rule of Court. The process is the same as applying for a maintenance order. The judge will consider your agreement in court and decide if it is fair and within the jurisdiction of the court.
Please note: the District Court has legal limits on the amount of maintenance that can be paid. If the maintenance payments agreed in a voluntary or mediated agreement exceed these limits, the agreement cannot be made a Rule of Court in the District Court. Applications for higher maintenance payments must be made to the Circuit Court or High Court.
Voluntary agreement using mediation or legal help
Mediation is where a professionally trained mediator helps you reach informal financial and other support arrangements. These can cover issues such as child custody, access or guardianship. They can also cover matters like pensions and property.
Alternatively, your own professionally trained solicitor can help you reach an agreement. Legal help like this will cover the same issues and matters in a similar process to mediation.
Whichever route you choose, a written document will be produced setting out the terms that have been agreed by everyone. This document can be made a Rule of Court. This means that it is treated the same as a maintenance order and can be legally enforced like one.
You can apply to the District Court or Circuit Court to make your agreement a Rule of Court.
Please note: the District Court has legal limits on the amount of maintenance that can be paid. If the maintenance payments agreed in a voluntary or mediated agreement exceed these limits, the agreement cannot be made a Rule of Court in the District Court. Applications for higher maintenance payments must be made to the Circuit Court or High Court.
Maintenance order
If you both cannot agree, either party can apply for a maintenance order. This is a court order made by a judge setting out the terms of financial support for the applicant and/or any dependent children. A dependent child is:
- under 18 years old, or
- over 18 and under 23 years old but who is still in full-time education or who would be in full-time education if a maintenance order was made for their support, or
- is of any age and has a mental or physical disability to the extent that they cannot maintain themselves.
When deciding on a maintenance order, a judge will consider both parties:
- Income such as income from employment, social welfare benefits, or other sources.
- Assets such as land, property, vehicles, or other assets.
- Expenditure such as household bills, loan repayments, the costs of raising children, or other expenses you have.
- Supports for other people such as maintenance payments for other dependent children.
Most applications for maintenance orders are made to the District Court. Maintenance can also be sought as part of an application for child guardianship or access.
You may also apply to the Circuit Court or the High Court for maintenance. Maintenance can also be dealt with as part of other legal proceedings, such as a divorce or a judicial separation.