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Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
If you are or have been married or in a civil partnership, you are entitled to apply to the court for maintenance from your spouse/civil partner to cover your own expenses. If you are in a cohabiting relationship, you have no such right.
If the cohabiting relationship subsequently breaks down you may not apply to the court for maintenance for yourself, unless you satisfy the eligibility criteria for the Redress Scheme for Cohabiting Couples. You will have to show that you were/are financially dependent on your partner.
Redress Scheme for Cohabiting Couples
The aim of the redress scheme is to protect a financially dependent member of the couple if the long-term cohabiting relationship ends (either through death or separation). Under the redress scheme, cohabiting couples can get similar orders from the court as are available to married couples when they separate or divorce (for example, a ‘maintenance order’ or ‘property adjustment order’).
The rules of the scheme are set out in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.
To apply for court orders under the redress scheme, you must be a qualified cohabitant. This means you must have been:
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• A cohabitant (living together in an intimate and committed relationship) for at least 5 years, or
• A cohabitant (living together in an intimate and committed relationship) for 2 years if you have had a child with your partner
Children & Maintenance
Married couples and civil partners are legally obliged to maintain their dependent children in accordance with their means. Their maintenance responsibilities following a judicial separation, divorce or dissolution are determined by the courts.
If you have had a child outside of marriage and cannot come to an agreement about maintenance, you may apply to the court to order the other parent to pay child support. In most cases, it is the parent with main custody of the child that makes such an application.
If the court decides that the parent of a dependent child has failed to provide such maintenance for the child as “is proper in the circumstances”, it may order that parent to make regular maintenance payments to support the child. The court may also order a parent to pay a lump sum.
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The Children and Family Relationships Act 2015 has amended the Family Law (Maintenance of Spouses and Children) Act 1976 so that a cohabitant who is a guardian of:
• Their partner’s child or
• The child their partner has the day-to-day care of has a financial responsibility to the child. It allows for a court to order the cohabitant to pay maintenance to support a dependent child who is under 18 years of age.
Rules
A dependent child is a child who:
• Is under 18 years old or
• Is over 18 and under 23 years old but is still in full-time education or
• Is suffering from mental or physical disability to the extent that he or she cannot maintain himself or herself.
When the court is deciding whether to make a maintenance order in respect of a child, it will consider the income, earning capacity, property and other financial resources of both parties. It will also consider whether either party has other financial responsibilities such as a spouse or other dependent children.
The children of parents who are not married to each other may have to prove paternity in order to get their maintenance or inheritance entitlements. This is not necessary if the father acknowledges paternity or is named as the child’s father on the child’s birth certificate.
As this is a complex area, you can find more information on our website or by contacting your local Citizens Information Centre. Staff there will be happy to discuss your situation and help you explore your options.
For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
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