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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a maintenance agreement where I have to pay my wife

Customer Question

Hi I have a maintenance agreement where I have to pay my wife as long as my son remains 'dependant'. 19 years old, He was in university studying computer programming but dropped out so ordinarily the maintenance could stop. However he has Asperger's syndrome (not obvious, mostly awkward social skills) and may find it hard to get a job. My wife is arguing that he is still dependant because of his condition. He did not qualify for any state support related to his condition when in university nor does he now. I'm not sure if he will receive any unemployment assistance but in any case, he has secured two months office work covering at a very junior level as a clerk. Am I obliged to pay maintenance. Is he a dependant?
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

No he is not dependent.

He is capable of work - and you no longer have to pay maintenance.

If you do wish to assist your son that is something you shoudl discuss with him directly

Please ask if you need further details

Customer: replied 11 months ago.
Thank you. Is it possible to establish if this applies just the same in the Republic of Ireland? (It wasn't an option to say ROI when I was writing and I figured, perhaps wrongly, that a dependant is the same in most countries. As there is a court order in place, should I do anything to verify that I am compliant and not in breach (i.e. That the court agrees with my interpretation?). My wife's solicitor has written to me advising that I'm in breach and that she will make an application to the court for which I will have to bear the cost. Many thanks.
Expert:  Clare replied 11 months ago.

Things are a little different in Eire

This is a quote from a government website

"Maintenance can be awarded to a spouse/civil partner for their own benefit and/or for the benefit of a dependent child who is under the age of 18, or 23 if the child is in full-time education. If the child is over 18 and under 23 and the financial circumstances do not allow him/her to attend further education, maintenance can be applied for in order to facilitate further education. If the child has a mental or physical disability to such a degree that it will not be possible for the child to maintain him/herself fully, then there is no age limit for seeking maintenance for their support."

He is in fact capable of maintaining himself so all should be well

Clare and other Family Law Specialists are ready to help you
Customer: replied 10 months ago.
Hi it is looking like I may have to go to court regarding the above. As I work abroad, this will be a difficult situation for me. Can you recommend a solicitor?
Customer: replied 10 months ago.
Hi it is looking like I may have to go to court regarding the above. As I work abroad, this will be a difficult situation for me. Can you recommend a solicitor?
Expert:  Clare replied 10 months ago.

I thought he was in work?

Customer: replied 10 months ago.
It was a two month position. He is unemployed now and looking for work.

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