Dáil Éireann Debate, Tuesday - 8 February 2005
411 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform his views on the best cost effective method to ensure that fathers pay agreed maintenance payments to the children in divorce cases and on the way to ensure that these payments are made on a regular basis. [3429/05]
View answerThe Family Law (Divorce) Act 1996 provides a range of measures to ensure that proper provision is made for the maintenance of spouses and any dependent children of the family. The Act encourages couples to think in terms of agreeing the key elements of their divorce in advance of any court proceedings. The court may order the attachment of earnings at the same time as it makes a maintenance order. It may specify that the payments should be secured by reference to a particular asset, for example. It may make an order for the payment of lump sum maintenance which can be paid in instalments which are themselves secured.
If a spouse defaults in making agreed payments of maintenance or payments ordered by the court, the court has at its disposal a system of enforcement of payments. The court can make an attachment of earnings order and, ultimately, committal for refusal to obey a court order to pay, the means having been assessed by the court. District Court clerks are empowered, using a special mechanism contained in maintenance cases generally, to prosecute a case for arrears of maintenance. The Legal Aid Board makes the services of solicitors and, where necessary, barristers available to persons of modest means seeking redress in civil law, including family law cases.
