Vol. 487 No. 1
122 Mr. Deasy asked the Minister for Justice, Equality and Law Reform if he will introduce a system whereby an increase in maintenance payments is provided in line with social welfare payments, in order to avoid people having to go to court and incurring legal expenses which they cannot afford; and if he will make a statement on the matter. [3514/98]
In determining whether and to what extent maintenance should be paid the court must have regard to all the circumstances of the case including the income, earning capacity, if any, property or other financial resources of either spouse and any children and the financial and other responsibilities of the spouses towards each other and the children. The maintenance creditor or the maintenance debtor may apply to the court to have an order varied on the basis of a change in circumstances since the order was made. The maintenance order may also be discharged on the application of either party.
In determining an application for variation of maintenance payments, the courts have ruled that judicial notice may be taken of a reduction in the value of money due to inflation and that the court may grant a related increase in maintenance. It does not follow, however, that the courts will, as a matter of course, increase maintenance in line with inflation because the main circumstances of earning capacity and liabilities of the maintenance creditor and debtor must still be taken into account. The same principle would apply were increases in maintenance payments to be linked to social welfare payment increases. In the absence of dispute it is open to the parties to agree maintenance arrangements and so avoid the need to go to court. I have no proposals to change the law in the way that seems to be suggested by the Deputy.
