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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 11322
Experience:  Barrister 17 years experience
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Hello, in child maintenance cases where the mother is taking

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Hello, in child maintenance cases where the mother is taking the child's( now aged 19) birth father (age 41)to court for maintenance while he(the child) is still in full time education, is it compulsory for the maintenance to go to the mother or can the child receive the payment from the father


Buachaill :

1. Once the child is over 18, then the monies in respect of child maintenance can be paid directly to the child. This means that the 41 year old birth father can simply bypass the mother and pay the maintenance amount directly to the child who is now aged 19.

Buachaill :

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Customer:

I will do that now.

Customer:

Could you just give me the section of family law- that I need to refer to - in my letter to her lawyer

Buachaill :

2. There is no section in the Family law act which covers this point. Essentially, it flows from the fact that in accordance with the Age of Majority Act, a person is able to do all things in society once they reach 18. Prior to 18, the parent acts as guardian in many things, including the receipt of maintenance payments.

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Customer: replied 5 years ago.

Just one more thing if possible,


I'm due to appear in court in Tralee on Tuesday 23rd of July.


I live in Dublin and would prefer not to have to go down to court.


Is this a possibility ?

3. Get yourself a solicitor to attend in Tralee and deal with the matter on your behalf. In that way, there will be no need to attend. There will be many solicitors in Tralee who would deal with it on your behalf. However, if you are doing it yourself, you certainly will have to attend.
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Customer: replied 5 years ago.

Could you tell me how much they will charge please

4. I really don't know. The best way to find out how much a solicitor in Tralee will charge is to get a quote. Rates vary according to the town & solicitor and the complexity of the case. You will pay a minimum of €200 but I have no idea what is involved in your case or how difficult it is. So get yourself a quote!!