Maintenance and cohabiting couples
Information
In Ireland, 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.
Children
If you have had a child outside of marriage, 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.
(You and your ex-partner may, of course, be able to come to an agreement about maintenance without having to go to court.)
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 periodical maintenance payments to support the child. The court may also order a parent to pay a lump sum.
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 parents. It will also consider whether either parent 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 Birth Certificate.
Language
Related Documents
- Parenting alone
There are a range of benefits and entitlements available to lone parents in Ireland. An overview of these benefits and important information on legal issues associated with parenting alone. - Presumption of paternity
Explanation of the presumption of paternity in marital and non-marital situations in Ireland and the repercussions of this rule on children's rights to inheritance and maintenance. - Redress scheme for cohabiting couples
Under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 a redress scheme has been introduced for opposite-sex and same-sex cohabiting couples.
Contact Us
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.