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There Exists in Irish Law A Variety of Mechanisms For The Enforcement of Domestic Maintenance Orders DRAFT
There Exists in Irish Law A Variety of Mechanisms For The Enforcement of Domestic Maintenance Orders DRAFT
There Exists in Irish Law A Variety of Mechanisms For The Enforcement of Domestic Maintenance Orders DRAFT
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
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).
THERE EXISTS IN IRISH LAW A VARIETY OF MECHANISMS FOR THE ENFORCEMENT OF DOMESTIC
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).
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
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
separation as well as divorce whereby one of the spouses is deemed to be financially dependent
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
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).
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
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).
THERE EXISTS IN IRISH LAW A VARIETY OF MECHANISMS FOR THE ENFORCEMENT OF DOMESTIC
MAINTENANCE ORDERS
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Reciprocal Enforcement of Financial Orders
According to the EU maintenance regulation along with the Hague protocol, there has
(O'Brien, 2017).
THERE EXISTS IN IRISH LAW A VARIETY OF MECHANISMS FOR THE ENFORCEMENT OF DOMESTIC
MAINTENANCE ORDERS
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References
Gorry, T. (2013). Maintenance Orders in Family Law-All You Need to Know About
Hathaway, O., & Shapiro, S. J. (2011). Outcasting: enforcement in domestic and international
https://uk.practicallaw.thomsonreuters.com/0-567-9207?
transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1 on 25 March
2020
https://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/mainte