Dáil Éireann Debate, Tuesday - 1 December 2009
213 Deputy Niall Collins asked the Minister for Justice, Equality and Law Reform the process in law available to a legally separated person to seek full recovery of maintenance payments and arrears due by virtue of a court order; if this process is subject to review or proposed change; and if he will make a statement on the matter. [44373/09]
View answerI am not in a position to provide legal advice in response to Parliamentary Questions. However, I can say in general that a person who is the subject of a separation agreement or a judicial separation may have options under the Family Law (Maintenance of Spouses and Children) Act 1976 and the Enforcement of Court Orders Act 1940 for enforcement of maintenance.
Following a judgment of the High Court earlier this year, the Enforcement of Court Orders (Amendment Act) 2009 amended the law contained in the Enforcement of Court Orders Act 1940 as it applies to money orders, including orders to pay maintenance. Operation of the new legislation is being monitored by my Department.
