Dáil Éireann Debate, Wednesday - 26 September 2018
150. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the work his Department is undertaking alongside the Department of Employment Affairs and Social Protection on establishing a maintenance payment programme to ensure that maintenance is paid to one-parent families; and if he will make a statement on the matter. [39050/18]
Amharc ar fhreagraIt is open to parents whose relationship has broken down to decide between themselves on maintenance arrangements for their children. If they experience difficulties in reaching agreement on maintenance arrangements, they can try to work out a maintenance agreement through mediation. The general objective of the Mediation Act 2017, which came into operation on 1 January, is to promote mediation as a viable, effective and efficient alternative to court proceedings, including proceedings relating to maintenance of children, thereby reducing legal costs, speeding up the resolution of disputes and relieving the stress involved in court proceedings.
Under Irish law, issues arising from disagreements about the provision of maintenance for dependent children, or failure by persons with maintenance responsibilities for children to provide proper maintenance, are determined by the courts. Relevant legislation in this area includes section 11 of the Guardianship of Infants Act 1964, the Family Law (Maintenance of Spouses and Children) Act 1976, section 8 of the Family Law Act 1995, section 13 of the Family Law (Divorce) Act 1996 and section 45 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The Children and Family Relationships Act 2015 provided for a number of improvements in the law relating to maintenance of children.
The law as it stands provides several mechanisms, including possible penalties, 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 a maintenance creditor to apply to the court for an order that maintenance be paid by way of attachment of earnings, so the maintenance due is deducted directly from income. A person can apply for an attachment of earnings order when applying to court for a maintenance order, if he or she is concerned that maintenance will not be paid, or he or she can apply later if the maintenance is not paid.
The maintenance creditor may seek to recover sums owing through the courts 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). In addition, where the failure to pay maintenance is as a result of unwillingness, as distinct from inability, to pay, 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.
The legislative provisions relating to "liable relatives" and a person's liability to maintain his or her children which specifically apply in respect of the One-Parent Family Payment are contained in the Social Welfare Acts, which are the responsibility of the Minister for Employment Affairs and Social Protection, and not in the family law legislation to which I have referred above.
I am aware that the review by the Department of Employment Affairs and Social Protection of the maintenance and liable relative procedures, insofar as they relate to the One-Parent Family payment scheme, is nearing completion, and that the Department intends to liaise with the Department of Justice and Equality shortly with a view to jointly considering the next steps in relation to family maintenance arrangements. My officials expect to contribute constructively to this review.
