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Child Maintenance Payments

Dáil Éireann Debate, Wednesday - 18 November 2015

Wednesday, 18 November 2015

Questions (60)

Marcella Corcoran Kennedy

Question:

60. Deputy Marcella Corcoran Kennedy asked the Tánaiste and Minister for Social Protection her plans to introduce attachment orders on social protection recipients in cases where a parent fails to comply with a court order, and does not pay the amount awarded from the court in respect of the children; and if she will make a statement on the matter. [40873/15]

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Written answers

The issue of maintenance payments is first and foremost a private matter for the person concerned, and if the matter cannot be resolved, for the courts through family law provisions.

Under family law, it is possible to apply to the court for an Attachment of Earnings Order. An Attachment of Earnings Order can be sought if the person is in employment, on a social welfare payment or on a private pension, resulting in the maintenance being deducted at the source. Under the Family Law Act 1995, it is possible to apply for this attachment at the initial maintenance hearing, if the person applying to court fears that there will be a default of maintenance.

Where a judge deems it appropriate to attach welfare payments, this Department complies with all such Family Law Maintenance Orders received by deducting the amount specified in the court order from a social welfare recipient’s payment.

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