How to apply to recover arrears of maintenance in the District Court
The following steps outline how to apply for the recovery of maintenance arrears in the District Court. This is where the original maintenance order was made in the District Court.
If your original maintenance order was made in the Circuit Court or High Court, you might want to get legal advice on how to recover maintenance arrears.
The Courts Service does not charge a fee for making Family Law applications. You should discuss fees with your legal representative, or mediator, if you choose to use their services.
The information provided below is for guidance only. Always check legislation and court rules to ensure your application is correct. You might want to get legal advice to better understand what's involved.
You should apply to the office where the initial maintenance order was made, but you can also apply to the District Court in the area where you or the respondent lives or works.
Consider Mediation and Legal Advice
Before applying for the recovery of maintenance arrears, you will need to decide on getting professional legal advice or representing yourself. You should also consider attending mediation.
Complete and File an Application Form
To apply to recover arrears of maintenance, you will need to complete and file an Application to Recover Arrears of Maintenance.
Serve the maintenance debtor and provide proof of service
You must send a copy of the summons and application form to the maintenance debtor. This process is called serving. You will also need to provide proof of service to the court. This is done by completing a statutory declaration of service.
File proof of service
You must file a Statutory Declaration of Service in the court office. If all documents are in order, the application will be listed for court and the court hearing will be confirmed.
Attend court hearing
Both you and the maintenance debtor should attend court for the case to be heard by a judge. The judge will hear evidence from both of you and make a decision. The judge's decision is called a court order.
Receive a court order
After the court hearing, both you and the maintenance debtor will receive a copy of the court order as soon as it is ready.