Vol. 454 No. 1
90 Mr. Briscoe asked the Minister for Equality and Law Reform the plans, if any, he has to make fathers of children born to single women responsible in law for contributing towards the maintenance and upbringing of their offspring through a financial contribution to be deducted by their place of employment or welfare benefit in view of the fact that 80 per cent of single mothers know the identity of the father; and if he will make a statement on the matter. [10324/95]
Under the law as it stands in the Family Law (Maintenance of Spouses and Children) Act, 1976, either parent of a child who is born outside marriage has the right to institute proceedings against the other parent for maintenance of the child. In determining the amount of any payment of maintenance the court must have regard to all the circumstances of the case and, in particular, the income and other financial resources of the parties. Income includes social welfare payments with the exception of certain social welfare allowances. Where a parent defaults in payment of maintenance the court has power under the 1976 Act to order enforcement by way of attachment of the earnings of the parent, that is, an order directed to the parent's employer to make periodical deductions from his or her earnings. Arrears of maintenance can also be pursued under general legislation of 1940 for the enforcement of court orders. I have made provision in the Family Law Bill, 1994 — at present before the Seanad having been passed by this House — to allow the court in certain circumstances to order attachment of earnings at the same time as when making a maintenance order. On that basis the attachment of earnings procedure will not have to depend on proof of arrears of maintenance and it will help to strengthen the position of the maintenance creditor.
