Failure to Pay Maintenance

Once a maintenance order is made the maintenance debtor must comply with the Order. If they fail to do so, the Order can be enforced and the person can be forced to pay the arrears of alternatively be sentenced to a term of imprisonment not exceeding six months. To enforce the maintenance order, a person should attend with our office or directly with the District Court Clerk. They will then swear an Information ex-parte (without notice to the other side) before a Judge who will then issue a summons for their attendance.

If the person fails to attend Court after receiving this Summons the Judge can then issue a bench warrant for their arrest. The warrant will then be sent to their local Gardai for execution.

If you have failed to comply with a Maintenance Order and have been summonsed to Court you may be entitled to legal aid. This legal aid differs from family law legal aid and is granted by the Judge. Please contact Laura Shannon of this office if you have a query regarding this.

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