THERE EXISTS IN IRISH LAW A VARIETY OF MECHANISMS FOR THE ENFORCEMENT OF DOMESTIC

MAINTENANCE ORDERS
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There Exists In Irish Law a Variety of Mechanisms for the Enforcement of Domestic

Maintenance Orders

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THERE EXISTS IN IRISH LAW A VARIETY OF MECHANISMS FOR THE ENFORCEMENT OF DOMESTIC
MAINTENANCE ORDERS
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Table of Contents
Introduction.............................................................................................................................................3
Maintenance Orders................................................................................................................................3
The Enforcement of Maintenance Orders...............................................................................................3
Maintenance after Divorce, Separation, and Dissolution........................................................................4
Maintenance from Abroad......................................................................................................................4
Likelihood of Maintenance Being Awarded Following Marital Breakdown.............................................4
Position of the Court in Maintenance in Cases of Marital Breakdown....................................................5
Financial Claims That Are Accessible To Parents On Behalf Of Children either Within or Outside the
Marriage..................................................................................................................................................5
The Basis on Which Child Maintenance Is Calculated..............................................................................5
Duration of the Child Maintenance Order...............................................................................................5
Reciprocal Enforcement of Financial Orders...........................................................................................6
References...................................................................................................................................................7
THERE EXISTS IN IRISH LAW A VARIETY OF MECHANISMS FOR THE ENFORCEMENT OF DOMESTIC
MAINTENANCE ORDERS
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Introduction
There exists a legal responsibility that is directed at parts, irrespective of whether they are

married or unmarried to maintain the dependent children as well as on spouses/ civil partners to

maintain each other following their means. Under the provisions of the civil partnership and

specific rights and obligations of the cohabitants’ act of 2010, it follows that a financially

dependent qualified cohabitant could apply to the course for a maintenance order should the

relationship end (Citizensinformation, 2019). In the case of maintenance orders, when the parties

cannot agree on the maintenance, either party could apply to the court for a maintenance order.

These applications can be brought either in the circuit or district court. Overall, this report seeks

to examine the different mechanisms that have been adopted in Irish law for domestic

maintenance cases (Citizensinformation, 2019). The emphasis of the report is going to be on the

most common strategies adopted by the courts to enforce these domestic maintenance orders.

Maintenance Orders
When the parties involved fail to agree upon the maintenance, one of the parties could

apply to the court for issuance of a maintenance order. The individual seeking a maintenance

order could present self, although the individual seeking a maintenance order ought to always see

to determine whether they are eligible for legal aid else contact a private solicitor who assesses

the overall cost of the application (Hathaway & Shapiro, 2011).

The Enforcement of Maintenance Orders

In instances whereby the spouse/parent/civil partners fail to comply with a court order

and decides not to pay the amount that has been awarded, it is possible to have an attachment of

earnings sought from the court if the individuals are in private pension or employment

(Citizensinformation, 2019).
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MAINTENANCE ORDERS
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The civil law act 2011 amended the legislation to offer the district court authority to

regard a failure by a parent/spouse/ civil partner to comply with a specific court order as

contempt of court and thus deal with it appropriately, including through the use of imprisonment

(Citizensinformation, 2019).

Maintenance after Divorce, Separation, and Dissolution

Under Irish law, there cannot be a clean break from one's obligation to support their

spouse/ civil partner as well as children. There is a clause in the separation agreements that states

that a spouse/ civil partner will not be seeking maintenance in the future or seeking increased

maintenance as unenforceable. A spouse/ civil partner could apply for a maintenance order and

the court considers the application (Gorry, 2013).

A divorced spouse could also apply to the court for a maintenance order or variation of a

maintenance order following the granting of a divorce decree. Additionally, a former civil

partner could apply to the course for maintenance order or variation following the grating of the

dissolution decree (O'Brien, 2017).

Maintenance from Abroad

Ireland is also party to diverse international conventions and that there are EU regulations

that facilitate the recovery of maintenance from abroad (O'Brien, 2017).

Likelihood of Maintenance Being Awarded Following Marital Breakdown

Maintenance is commonly awarded in the form of ancillary relief application on judicial

separation as well as divorce whereby one of the spouses is deemed to be financially dependent

on the other (Gorry, 2013).

THERE EXISTS IN IRISH LAW A VARIETY OF MECHANISMS FOR THE ENFORCEMENT OF DOMESTIC
MAINTENANCE ORDERS
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Position of the Court in Maintenance in Cases of Marital Breakdown
The maintenance orders predominantly form a section of a comprehensive assortment of

relief orders, irrespective of whether they have been made by agreement or court order. No

formula exists when it comes to the calculation of appropriate maintenance payment, with the

test being an assessment of what makes up “proper” maintenance for the spouse of dependent

children (O'Brien, 2017).

Financial Claims That Are Accessible To Parents On Behalf Of Children either

Within or Outside the Marriage
Parents continue sharing rights as well as responsibilities for their children after

separation irrespective of whether it is within or outside the marriage. The parent who in this

case has the greater financial resources is inclined to pay maintenance for the care and support of

the dependent children either by agreement or as directed by the court (O'Brien, 2017).

The Basis on Which Child Maintenance Is Calculated

The application for child maintenance can be arrived at independently or ancillary to the

judicial separation or divorce, proceedings that touched on dependent children. The maintenance

level is based on the consideration of the assets as well as income of each parent, the child’s need

as well in the context of the marriage, the standard of living that has been enjoyed by parties

before separation (O'Brien, 2017).

Duration of the Child Maintenance Order

A child is considered to remain dependent based on the Irish low until they have reached

the age of 18 years or 23 when they continue with fulltime education. Further, a child is deemed

to remain dependent whereby he/she has been suffering from physical or mental disability to an

extent that it cannot be possible for them to maintain self fully (O'Brien, 2017).
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MAINTENANCE ORDERS
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Reciprocal Enforcement of Financial Orders
According to the EU maintenance regulation along with the Hague protocol, there has

been a regulation of maintenance obligations as well as recognitions cross-border orders

(O'Brien, 2017).
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MAINTENANCE ORDERS
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References

Gorry, T. (2013). Maintenance Orders in Family Law-All You Need to Know About

Maintenance accessed via http://familylawirelandhq.com/maintenance-orders-in-family-

law-all-you-need-to-know-about-maintenance/ on 25 March 2020

Hathaway, O., & Shapiro, S. J. (2011). Outcasting: enforcement in domestic and international

law. Yale Lj, 121, 252.

O'Brien, J. (2017). Family law in Ireland: overview accessed via

https://uk.practicallaw.thomsonreuters.com/0-567-9207?

transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1 on 25 March

2020

Citizensinformation (2019). Maintenance orders and agreements accessed via

https://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/mainte

nance_orders_and_agreements.html on 25 March 2020