Maintenance is a payment that may be payable by one spouse to the other after a separation or divorce. It is well recognised that following the break-up of a marriage each spouse has fewer resources so the court will try to order what is PROPER PROVISION in the circumstances.
What is Proper Provision?
Most clients want to know exactly how much they would get from the Court if they apply for maintenance. It is not that straightforward. Maintenance depends on the Respondent’s ability to pay and the need of the Applicant and any dependent children.
Both parties need to prepare a Statement/Affidavit of Means to show the Court what their income, assets, expenses and liabilities are. The judge will decide in the circumstances what proper provision will be.
If your spouse is not paying maintenance, an application can be made to the District Court unless family law proceedings have already been issued in the Circuit Court. In that case, an interim maintenance application needs to be brought in the Circuit Court.
What does a Maintenance Order do?
A maintenance order compels your spouse to make periodic payments of such amounts and at intervals as the court directs.
These payments can be made through the District Court office. The amount payable depends on the financial circumstances of the parties but we have extensive experience in this complicated area of law and our team will help you achieve the best possible result for everyone concerned, especially the children.