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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13865
Experience:  Barrister 17 years experience
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My boyfriend has left the family home (which I own) we have

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My boyfriend has left the family home (which I own) we have 3 kids under 3. What do I need to do to go to court for child support. He is only offering a small amount which he hasn't paid yet.
JA: How old are the children? Where do they live?
Customer: 10month 2 and 3
JA: Is there an agreement for payment of child support?
Customer: he only wants to offer 160 a week but h is pay is 3600 after tax his salary
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: a month
Hello, and thank you for your question. I am your Expert and I will provide the answer you require.
Customer: replied 12 days ago.
please

1.  You should attend at your local Legal Aid office and make a request for a solicitor to be appointed to take your case before the District Court.  Legal Aid is available in your situation to help you get chlid support.  Be aware that the amount a court will award where there are three children is 25% of your boyfriend's net after tax income.  This would be paid weekly or monthly, depending upn when your boyfriend gets paid.

Customer: replied 12 days ago.
Can you help without a phone call

2. Yes, I can help without a phone call.

Customer: replied 12 days ago.
Can you please answer my question

3.  You should attend at your local Legal Aid office and make a request for a solicitor to be appointed to take your case before the District Court. Legal Aid is available in your situation to help you get chlid support. Be aware that the amount a court will award where there are three children is 25% of your boyfriend's net after tax income. This would be paid weekly or monthly, depending upn when your boyfriend gets paid.

Customer: replied 12 days ago.
If I can afford a private solicitor should I go for that?

4.  Yes, if you can afford a private solicitor, then you should use them as you are likely to get a better quality of service with them.

Customer: replied 12 days ago.
also can I unrequest the phone call as no one is available

5.  Yes, you can cancel the phone call.

Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 12 days ago.
how do I cancel it?
Customer: replied 12 days ago.
also I am in dublin ireland

6.  The Offer has now expired, so it will no longer go ahead.

Customer: replied 12 days ago.
Is it still 25% of his nett salary

7.  Yes, it is.

Customer: replied 12 days ago.
he is only wanting to pay 160 a week.
Customer: replied 12 days ago.
Do I need to apply to the district court myself .

8.  Explain to him what is the amount which a court would order and seek to have him agree to this amount.  These are standard child maintenance payments.

Customer: replied 12 days ago.
even in Dublin?

9.  These answers are given in accordance with Irish law, so I am quoting you the amounts which would apply in Dublin.

Customer: replied 12 days ago.
He's telling me he can only afford 160 a week even though he is on 3550 net a month
Customer: replied 12 days ago.
Also my salary is roughly the same. Does that matter?

10.  You should get 885 per month on a 25% basis.  Your own salary is not relevant to the amounts your boyfriend has to pay for his children.   You should get the solicitor to apply on your behalf to the District Court.

Customer: replied 12 days ago.
is that the most I would get?

11. Yes, I regret it is.  Some allowance for rent might also be made, but as you are living in your own home, this would not apply.

Customer: replied 12 days ago.
also will I get back pay

12.  I regret to say you won't get back pay.  So, for this reason, the sooner you make the application, the better.

Customer: replied 12 days ago.
will they take my pay into consideration?
Customer: replied 12 days ago.
sorry you answered that already

13.  As I stated above at point 10, your own salary is not relevant to the amount your boyfriend has to be pay.

Customer: replied 12 days ago.
can I tell him he can't see the kids until he starts paying

14.  No, you cannot tell him that he can't see the kids until he starts paying. Your boyfriend is still entitled to see his kids even if he is not paying.  You need to go to court to get the maintenance sorted out but this is separate from your boyfriend's right to see his kids.

Customer: replied 12 days ago.
can he tell the court that he cant afford 885

15.  Your boyfriend can tell the court he cannot afford the 885 but the court is likely to disregard such an argument.

Customer: replied 12 days ago.
even if he shows his expenses

16.  Yes, even if he shows his expenses.

Customer: replied 12 days ago.
are you sure I won't be billed for a call?

17.  Yes, you can take it up with Customer Services if you wish for clarity.

Customer: replied 12 days ago.
I need to apply for legal aid, even though I'm on a good salary myself?

18.  If you are on a  good salary, you should use the services of a private solicitor as there is a means test for Legal Aid and you look as if you come above the threshold for getting Legal Aid.