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Maintenance PDF Print E-mail

There is an obligation under Irish Law for both spouses to maintain each other and any children in accordance with the means of both parties.

Maintenance can be awarded for the benefit of either a spouse or a dependent child. Children under 18 years, or 23 years if in full time education, are considered dependents.

Maintenance can be payed on an ongoing regular basis or alternatively in a lump sum payment.

Each party must disclose their finances to the court. The judge will then consider all of the family's circumstances when making a maintenance order. The District Court can award up to €500 per week to a spouse and €150 per child per week or up to €6,348 in a lump sum payment.

Should a spouse require a higher amount of maintenance they must apply to the Circuit Court.

Maintenance orders can be varied at a later date upon application by either spouse.

Should a spouse fail to keep up with maintenance payments, an Attachment of Earnings Order can be applied for. This would result in the maintenance being deducted from the spouse's income be they employed, in receipt of a private pension or in receipt of social welfare payments.