Recovering unpaid maintenance
There are ways to recover maintenance payments if they are not being paid by the maintenance debtor.
- If you made a voluntary agreement and payments are not being made, you may wish to get legal advice to understand your options.
More information on legal advice and representation
- If a judge made a court order for maintenance and payments are not being made, you can ask a judge to make a decision about enforcing the order.
Recovering maintenance can also depend on whether the maintenance debtor is living in Ireland or abroad.
Non-payment by a person living in Ireland
There are two main ways to recover unpaid maintenance from someone living in Ireland:
1. Apply for an attachment of earnings order
This order requires an employer or private pension provider to deduct maintenance from the debtor’s wages, salary or pension. It is made by a judge. Most applications are made in the District Court.
An attachment of earnings order may help where the debtor is:
- employed, or
- in a private pension scheme or has a private pension plan.
If the debtor has fallen behind on regular payments, you can apply for an attachment of earnings order.
Forms for attachment of earnings orders
Form 56.1 – Summons for attachment of earnings order (District Court maintenance order) — use this to apply to have District Court-ordered maintenance deducted directly from the debtor’s wages.
Form 56.2 – Summons for attachment of earnings order (High Court enforcement order) — use this where a High Court enforcement order applies.
2. Apply to recover maintenance payments not paid
If the debtor is self-employed in Ireland, or you do not want to apply for an attachment of earnings order, you can ask the court to recover payments not made.
If the original maintenance order was made in the District Court, complete and file an Application to recover arrears of maintenance in the relevant court office.
After you file the application, the court office will issue a summons requiring the debtor to attend a hearing to explain the non-payment.
At the hearing, the judge will hear evidence from both sides and may:
- Adjourn the case to allow payment of arrears,
- Vary the existing maintenance order, or
- Treat non-payment as contempt of court (which can include an order to imprison the debtor).
In some situations, you can apply for an enforcement order to enforce a maintenance order made in the District Court, Circuit Court or High Court, as well as certain foreign maintenance orders.
Non-payment by a person living abroad
To help you get maintenance from someone living abroad:
- Contact the Central Authority for Maintenance Recovery (Department of Justice) . You must have the other person’s address.
- The process may take time. If you pursue the case yourself, there are generally no legal costs. You may have fees if you get professional legal advice.
- The procedure is similar whether the debtor lives in the EU, the US or other countries that have signed relevant international conventions (for example, the New York Convention on the Recovery Abroad of Maintenance 1956).
