Ask a solicitor: My ex hasn't paid a cent towards our daughter - and now he has more children

After we stopped seeing each other, I found out that I was pregnant. To say that I was shocked is an understatement. I was living in a flatshare in my local city and had just started my career after graduating from college. 

The timing wasn’t great at all, however once the shock wore off I was delighted with the news. I had to give up my flat and move back in with my parents on the family farm. 

My parents, once they got over the shock were very supportive to me and they dote on my little girl who is now four years old. Her dad has not had anything to do with her or me since he found out about the pregnancy. 

I have seen on Facebook that he has gotten married and is expecting a baby. Initially, I was happy that he was not involved but now I’m actually angry that he has never contributed in any way to my daughter's care. 

He has never paid a penny and as you are no doubt aware, children are expensive. My daughter will be starting primary school in September and will need a new uniform, shoes and extra curricular activities.

I have asked my daughters father recently if he would contribute financially and he refused even though he has a very well paid job. I would like to take him to court for maintenance but I’m worried that I have left it too late.

Dear Reader,

Thank you for your email. The law in Ireland states that both parents have a duty to financially support their children. 

You can apply to the court for a maintenance order at any time while your child is under the age of 18 (or up to 23 if your child is in full-time education). The District Court can make an Order for maintenance for up to €150 per week per child.

If you are of the view that your child’s father is of significant means then you could make an application in the Circuit Court for an amount greater than €150 per week per child.

When you make the application and before the first hearing the court will want both parties to complete a statement of means whereby you each set out details of your income and expenditure together with supporting documentation. 

On the day of the hearing if you and your child’s father are represented by solicitors then it may be possible to come to an agreement as to maintenance outside of the court room. If you are able to come to an agreement, then you can ask the Judge for that agreement to be made a Rule of Law ( ie make it an Order of the court).

If an agreement is not possible, then the court will have to hear the matter and make an Order as it sees fit. A typical Order/ Agreement for maintenance would be along the lines of maintenance of €75 per week per child plus half of any associated costs of bringing up a child; for example, child care expenses, medical expenses, etc. 

Sometimes parents agree or the court orders a lump sum payment to be made to the resident parent in September and December to assist with back to school and Christmas expenses.

If the court makes an Order for maintenance and your childs father fails to make payment, you can apply to the court to enforce the Order. As your daughters father is employed, the court can then make Orders such as an Attachment of Earnings Order which would mean that the maintenance would be deduced from his pay at source.