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Maintenance arrears

  • 30-04-2011 2:06pm
    #1
    sophia25
    Closed Accounts Posts: 265 ✭✭


    Does anyone know what happens when someone ignores the order of an enforcement of maintenance order with the recent legislation. For eg. case for enforcement of maintenance heard, judge orders x amount to be paid weekly off arrears balance and then person stops paying off arrears balance or even the full weekly maintenance.Is there a chance this person could just be arrested if reported to court, or would there have to be another hearing? Noone see seems to know as maintenance enforcements have only been heard since last Oct/ Nov so not many defaults since then, (I Think). Any advice appreciated.


Comments

  • #2
    woodturner
    Registered Users, Registered Users 2 Posts: 879 ✭✭✭woodturner


    They will be arrested for failing to comply with the maintenance order. That was an order that was made through the courts.


  • #3
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    woodturner wrote: »
    They will be arrested for failing to comply with the maintenance order. That was an order that was made through the courts.


    Not necessarily so. You would need to make an applicaiton to the court to enforce the maintenance order first. You could make an application for an order of attachment of earnings whereby the court orders that the maintenance comes directly out of the earnings of person that owes the maintenance (obviously presuming they are working). The other option is to seek to enforce the arrears of the maintenance.

    I believe in the second case, the court has the option of a warrant for arrest of the maintenance creditor if the court feels it is appropriate.


  • #4
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Application has to be made for enforcement on notice. If the other side show up and have a good reason as to why the maintenance was not paid they will not be detained. If they do not show up and order will be issued for their arrest and they will be arrested and brought to court. Again the same thing happens, they have to give their side of the story.


  • #5
    lampyb
    Closed Accounts Posts: 13 ✭lampyb


    Milk and Honey is correct


  • #6
    sophia25
    Closed Accounts Posts: 265 ✭✭sophia25


    Thanks for replying. Just to clarify there was a hearing for enforcement of maintenance order already and an order was made where he was told to pay x amount per week off arrears plus the original maintenance order. He adhered to that for three weeks but has now stopped paying full maintenance or the amount due on. I'm not sure what happens now as it surely can't be back in the queue for another enforcement hearing when he's already broke the one already made. I did get an attachment last year but it's a family business and they made him a director to circumvent the order. I'm just wondering is there a procedure when he fails to comply with the enforcement order. Thanks


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