What you need to know before you apply
District Court limits
Most applications for maintenance are made in the District Court. In the District Court:
- A judge can only order a maximum of €500 per week be paid to a spouse and up to a maximum of €150 per week per child.
- The highest lump sum that can be paid is €15,000.
Types of applications
The information here relates to applications for:
- new maintenance orders
- varying an existing order
- discharging an existing order
Costs
The Courts Service does not charge a fee for making Family Law applications. If you choose to use a legal representative or a mediator, you should discuss fees with them.
Consider mediation and legal advice
Family law decisions can have an impact on things such as maintenance, arrangements for your children, the family home, money, assets and pensions.
Before deciding to make a court application you should consider reaching an agreement with the help of a mediator or a solicitor.
Mediation can help to resolve any disputes you may have regarding maintenance. It is a confidential service. All mediators are neutral.
Mediation is not there to help couples reconcile. It is there to encourage you to cooperate and work out mutually acceptable arrangements. During mediation, you can meet with the mediator together or separately.
On average, mediation takes between three and six one-hour sessions.
If you have children, your mediator can ensure that the voice of the child is heard during the mediation process.
Your agreement can be changed or amended as needed. You will need to go to court to do this if, for example, your mediated agreement has been made a rule of court or forms part of a court order.
You might also want to get legal advice to understand your options. While the Courts Service cannot advise or represent people in court, we can inform you that services offered by a legal representative should include:
- Advising you of your legal rights
- Outlining how you might reach agreement
- Preparing and filing your paperwork
- Speaking on your behalf in court
You can decide to represent yourself in your law matter. If you decide to represent yourself, you will need to understand court procedures.
Choose and complete the correct form
To apply for a maintenance order you must complete an Application for Maintenance form .
To apply to vary or discharge an existing maintenance order, you must fill out an Application to Vary or Discharge a Maintenance Order form .
Important: Download and open the forms using Adobe Acrobat Reader.
Your next steps
- Fill out the relevant application form. Make sure you have provided all the information requested.
- If you need to add additional dependent children to the application, complete the Additional Dependent Child Details form and attach it to your application form.
Key legal terms
- The person making an initial maintenance application is the applicant. The person being asked to pay maintenance is the respondent.
- Once an order has been made to pay maintenance, the person paying maintenance is the maintenance debtor. The person receiving the payments is the maintenance creditor.
Where and how to file your application
You can apply to the District Court office in the area where you or the respondent lives or works.
Find your local District Court area
Find your Courts Service office
Once you have decided on your court location, you must file three exact copies of the completed application form in the court office:
- One copy will be held on the court file
- One copy is to be served on the respondent
- One copy will be returned to you for your records
You can file your application by post or in person. If you want to file your application in person, some court offices have an appointment booking service.
Please note: If your office is the Dublin District Family Law Office (also known as Dolphin House), it operates an appointment-only service.
If the application form has been completed correctly, a member of Courts Service staff will assign a hearing date for your application and issue a summons with the hearing details.
If you are applying to vary or discharge a maintenance order made in the District Court, you should apply to the court office where the original maintenance order was made.
If you are unsure about where to make your application, contact your local Courts Service office for information.
Serve the respondent and provide proof of service
A Courts Service staff member will return two copies of the summons and application form to you. One copy of the summons and application form must be sent to the respondent. This is called serving. You can serve the documents by registered post or by personal service. The documents should be provided to the respondent as early as possible but at least fourteen days before the court hearing date. You should keep the other copy for your own records.
If it is not possible to serve the respondent by registered post or by personal service, you can apply to the court for permission to serve in another way. This is called an application for substituted service. A judge will decide if another form of service is acceptable, such as by ordinary post, email or other method.
You must then provide proof that the documents have been served on the respondent. This is called proof of service. To provide proof of service, fill out and declare a Statutory Declaration of Service. This is a declaration verifying that the documents were served on the respondent. This form must be signed and declared in the presence of a solicitor (but not your own solicitor), a Commissioner for Oaths or a Peace Commissioner.
Serving the respondent
The applicant must give a copy of the maintenance summons and completed application form to the respondent. This is called serving. The court will require proof that the applicant has served the respondent. This is called proof of service.
The most common ways to serve a maintenance summons and application form on the respondent are:
1. By registered post
You can send it to the respondent's last known home or work address. You must keep the certificate of postage given to you at the post office as you will need this to prove service. You should serve the respondent as early as possible but at least fourteen days before the court hearing date.
2. By personal service
This means serving the documents personally by handing them to the respondent. It can also be served by a summons server who is a person who specialises in serving legal documents. They must serve them in accordance with court rules. You will be charged for this service, so discuss fees beforehand. You should serve the respondent as early as possible but at least fourteen days before the court hearing date.
3. By alternative method approved by the court
In some cases, the court can approve documents being served by other methods, such as ordinary post or email. You must apply to the District Court for permission to serve documents by a different method. This is called an application for substituted service. If permission is granted, the summons must be served at least fourteen days before the court hearing date.
Proof of service
After the documents have been served, you must provide proof of service to the court. You do this by filing a Statutory Declaration of Service. This is a declaration verifying that the documents were served within a reasonable time.
- It must be signed and declared in the presence of a solicitor (but not your own), a Commissioner for Oaths or a Peace Commissioner. There may be a charge for this service so you should discuss it beforehand.
- This Statutory Declaration of Service must then be filed in the court office.
If served by registered post
You must wait at least 10 days before completing the Statutory Declaration of Service. This is to ensure that the documents are not returned to you by the postal service unserved. The certificate of postage should be attached to the Statutory Declaration of Service which must then be filed in the court office.
If served by personal service
The person who served the documents must fill out a Statutory Declaration of Service to declare that the documents have been served. This person could be you or a summons server. The Statutory Declaration of Service must then be filed in the court office.
Note
If the summons and application form are returned unserved by the postal service, contact the Courts Service office immediately for further instructions.
Changes to applying for maintenance
On 3 June 2025 new application forms come into effect. Please be aware that old forms will not be accepted after 3 June. New forms can be accessed on our website from 30 May. Please ensure you are using the correct forms that are currently available on our website.
File proof of service
You must file the Statutory Declaration of Service in the court office. You should do this as early as possible but at least two days before the date of the court hearing. If the documents are in order, the application will be listed for court and the court hearing will be confirmed.
Please note: If the Statutory Declaration of Service is not filed in time, the court hearing will not go ahead.
- What to expect at your court hearing
- What to bring
- What will happen at the hearing
- If children are involved
What to expect at your court hearing
The maintenance summons is a command to the respondent to attend court on the date stated in the summons. This will be for a court hearing which will be held in private. You must also attend court on the date stated in the summons.
When the case is heard, both you and the respondent will be required to present your case to the judge.
What to bring
Both you and the respondent should bring information about your financial circumstances. For example, the judge may want information about your:
- Income (for example, employment income or social welfare payments)
- Assets (for example, valuations of land, property, vehicles)
- Expenditure (for example, household bills, loan repayments, costs of raising children)
- Supports for other people (for example, maintenance paid for other dependent children)
You may also be asked to complete a Statement of Means form. This form is used to give the court an overall picture of your financial situation.
What will happen at the hearing
Both you and the respondent will have an opportunity to give evidence and ask each other questions about that evidence. The judge may also ask questions. After hearing all of the evidence, the judge will make a decision on the application. This decision is a court order. In maintenance cases it is called a maintenance order.
If you fail to attend court, the judge may strike out the case. This means the case will not go ahead and you will have to start the process again.
If the respondent fails to appear, you may ask the judge to issue a warrant to have the respondent arrested and brought to court. If the judge makes this order, the court office will send a warrant to the Gardaí. When the Gardaí bring the respondent before the court, the judge will set a new date to deal with the case. The court office will notify you of this new date.
If children are involved
If children are involved, the court will consider their welfare, safety, health and care. If a child is of sufficient age and maturity, the court may also consider their views. To get this information, the judge may decide that a report from an expert is needed. The type of report depends on what the court needs.
Reports the judge may order
Child welfare reports
The law allows a judge to order a report about any issue that affects a child’s welfare. These are often called “child welfare reports” (for example, under section 32(1)(a) of the Guardianship of Infants Act 1964 or section 47 of the Family Law Act 1995).
These reports are usually prepared by child psychologists, though other experts may be appointed. The expert assesses the child’s welfare and may also ascertain the child’s wishes and views. The expert then provides a report to the court with their professional opinion and, where appropriate, recommendations (for example, about custody or access).
There are fees for these reports, which the parties must pay. The judge will decide how the cost is shared.
Voice of the child reports
The law allows a judge to appoint an expert to establish and report the child’s views to the court (for example, under section 32(1)(b) of the Guardianship of Infants Act 1964 or section 27 of the Domestic Violence (Amendment) Act 2018).
When deciding whether to order such a report, the court may consider the child’s age and maturity, the issues in dispute, any previous reports, the best interests of the child, whether the order will help the child express their views, and the views of the other parties.
If the court orders the report, the expert must be suitably qualified (for example, a psychiatrist, psychologist, social worker, or registered teacher). The expert will first consider whether the child can form their own views. If so, they will report the child’s views to the court, either generally or on specific questions the court sets.
Section 20 reports
Under section 20 of the Child Care Act 1991, a judge may ask the Child and Family Agency (CFA) to investigate a child’s circumstances (for example, welfare, safety, health and care) and provide a report to the court. A social worker carries out the investigation and reports back.
As part of the investigation, the CFA must consider whether to apply for a care order or supervision order, provide supports or assistance for the child or family, or take any other necessary steps. If the CFA decides not to apply for an order, it must explain the reasons to the court and outline any supports provided or planned.
Preparing for family law court
For practical tips on what to expect and how to get ready, see preparing for family law court.
Receive a court order
After the court hearing, the court office will finalise the court order. The court order will set out what decision the judge has made in relation to the application. The court office will post a copy of the order to you and respondent - or your solicitors - as soon as it is ready. If an Attachment of Earnings Order is made, a copy will also be sent to the respondent's employer.
If you do not receive the court order within four weeks, contact the court office.
You have the right to appeal if you are not happy with the decision of the judge. If you wish to appeal the decision, you must file your appeal documents within fourteen days of the court hearing.
