Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
1. The bot***** *****ne here is that your son is no longer 'dependent" as he is now working. So any child maintenance would normally stop. However, the other thing you should be aware of, is that once your son was 18, you should have been paying the maintenance to him directly and not to his mother. In that way, you wouldn't have the complaint that little of it gets spent on him.
2. Whilst the law has not extended as far as requiring child maintenance to be paid when a child is over 18, no longer dependent and has a minor mental impairment, it is something you should work out with your son directly. A little help from a parent goes a long way, even if it is only to know that someone is there if he is without any money. However, in law, the fact your son has Asperger's Syndrome does not extend the period during which you have to pay child maintenance. The child maintenance obligation here ended when your son got a job.
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4. The obligation to pay maintenance does not flip back into existence if your son stops working. Once he stops being dependent upon ceasing to go to college, the maintenance requirement ends. So, in law, you cannot be made pay child maintenance if he stops working. Secondly, you don't need to formalise your position with the court. Essentially, the order for child maintenance is now extant (no longer operative) as your son is no longer dependent.