Dáil Éireann Debate, Tuesday - 26 September 2023
426. Deputy Niamh Smyth asked the Minister for Justice what she and her Department are doing to combat a problem (details supplied); if she is aware of the problem; and if she will make a statement on the matter. [41477/23]
View answerThe legislation on maintenance provides several mechanisms to deal with cases where a person fails to comply with court-ordered maintenance obligations. Section 10 of the Family Law (Maintenance of Spouses and Children) Act 1976 enables an application to be made for a court order that maintenance be paid by way of attachment of earnings, so the maintenance due is deducted directly from income.
The recovery of maintenance may also be sought by utilising the enforcement mechanisms available under section 8 of the Enforcement of Court Orders Act 1940 (as substituted by section 63 of the Civil Law (Miscellaneous Provisions) Act 2011). Under section 9A of the Family Law (Maintenance of Spouses and Children) Act 1976, the District Court has the power to regard a failure by a parent to comply with a court order relating to maintenance as contempt of court and to deal with it accordingly, including by means of imprisonment.
My Department is currently undertaking a review of the enforcement of child maintenance orders as an action in the Family Justice Strategy 2022-2025. The review is examining how the current enforcement process works and areas which may require reform or measures which may require strengthening. The review is at an advanced stage and I expect it to be completed shortly.
