M. (M.) v. M. (G.) [1999] IEHC 46 (25th November, 1999)

M. (M.) v. M. (G.) [1999] IEHC 46 (25th November, 1999)

P M is no longer a dependant under the Family Law Act, 1995, so Respondent is not legally obliged to pay maintenance or related expenses for him. The lump sum payment to Applicant is not justified given the circumstances and the increase in maintenance for C M and G M addresses the financial imbalance.

Citation
[1999] IEHC 46
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
Ireland
Procedural Posture
Appeal / Judgment
Outcome
Respondent's appeal allowed in part; lump sum payment and maintenance for P M set aside; increased maintenance for C M and G M affirmed.
Legal Topics
Maintenance, Lump Sum Payment, Dependants, Apportionment of Maintenance

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Appeal / Judgment

  1. 1 Whether Respondent is liable to pay maintenance for P M after he ceased to be a dependant
  2. 2 Appropriateness of lump sum payment to Applicant
  3. 3 Adequacy of maintenance for C M and G M

Ratio Decidendi

P M is no longer a dependant under the Family Law Act, 1995, so Respondent is not legally obliged to pay maintenance or related expenses for him. The lump sum payment to Applicant is not justified given the circumstances and the increase in maintenance for C M and G M addresses the financial imbalance.

Court Disposition

Respondent's appeal allowed in part; lump sum payment and maintenance for P M set aside; increased maintenance for C M and G M affirmed.

Orders

  • Respondent not required to pay maintenance or expenses for P M.
  • Respondent to pay £320 per month for each child, C M and G M.