The courts can grant both spousal maintenance and child maintenance. For non-marital families these issues are dealt with by the local District Court. For marital families, these issues can be dealt with by the local District Court if other proceedings to include Judicial Separation and Divorce are not in place.
Child maintenance is payable until the child is 18 or in full time education or reaches the age of 23, whichever is soonest.
The courts consider the income, outgoings, assets and liabilities of both parties during an application for maintenance and take all relevant factors into account.
The court can specify how maintenance is to be paid – for example either directly or through the local District Court Clerk.
If arrears of maintenance arise, an application can be made to the court to enforce maintenance. In certain circumstances the court can jail a Maintenance Debtor who has not complied with the Maintenance Order.
If necessary, the court can be asked to grant an Attachment of Earnings Order which means that the maintenance payable will be deducted from the Maintenance Debtors wages by their employer and paid to the Maintenance Creditor.
If circumstances change from when a Maintenance Order was granted, an application can be made to the court to vary the Maintenance Order.
We represent family law clients across the Munster region. Both Michelle O’Mahony and David O’Meara are members of the private practitioners panel as operated by the Legal Aid Board.
Contact Michelle O’Mahony at email@example.com with any queries.