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JGM
JGM, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 11544
Experience:  Solicitor of 30 years experience
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Hi, Do I have to pay maintenance for a child if my ex has got

Resolved Question:

Hi, Do I have to pay maintenance for a child if my ex has got married?
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Yes you do. The fact that a mother marries again does not alter the liability of the father to maintain the child. He has an obligation to do so under section 1 of the Family Law (Scotland) Act 1985.

In the case of children under 18 the only relevant criteria for quantification of maintenance are the father's earnings, the extent to which the father has overnight contact and any other children that the father may be supporting elsewhere.

The new stepfather could be a multi millionaire and it would make no difference.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 3 years ago.
Ok thanks for the response. My Son is 11yrs old and lives in Ireland. I have no communication with him and no rights to visit. I now have my own daughter in Glasgow with my wife so I was trying to have this reduced if not at all to be paid. Current amount €500 euro per month which I believe is extortion. How do I go about getting this abolished or reduced. Also any suggestions on how to get rid would be great. Don't want to come across as a horrible person but I believe enough is enough
Customer: replied 3 years ago.
Also If my sons name has been changed to new married name does this mean anything or will this help my case.
Expert:  JGM replied 3 years ago.
Which organisation has made the maintenance assessment if your son lives in Northern Ireland?
Customer: replied 3 years ago.
No he lives in Southern Ireland. So Irish family courts. Thanks
Expert:  JGM replied 3 years ago.
This is not then a Scots law question as your son stays in Ireland. I will try to transfer you there.
Customer: replied 3 years ago.
Oh ok . The file was sent to Scottish courts to be dealt with so my apologies if I have spoke to wrong dept. I just assumed it was scots court