Changes to applying for Maintenance
On 3 June 2025 new application forms come into effect. Please be aware that old forms will not be accepted after 3 June. New forms can be accessed on our website from 30 May. Please ensure you are using the correct forms that are currently available on our website.
Most applications for maintenance are made in the District Court. In the District Court:
- A judge can only order a maximum of €500 per week be paid to a spouse and up to a maximum of €150 per week per child.
- The highest lump sum that can be paid is €15,000.
To make an application to the District Court there are a number of steps to take. The information provided here relates to applications for:
- new maintenance orders
- varying an existing order
- discharging an existing order
The Courts Service does not charge a fee for making Family Law applications. If you choose to use a legal representative or mediator, you should discuss fees with them.
All information is for guidance only. Always check legislation and court rules to ensure your application is correct. You might want to get legal advice to better understand what's involved.
Consider mediation and legal advice
You and the respondent can agree the amount of maintenance to be paid. A judge will consider any agreement as part of a court application. Before applying to court for maintenance, you should consider mediation and decide on getting professional legal advice or representing yourself.
Complete an application form
To apply for a maintenance order, you will need to complete an application form.
File your application
You can apply to the District Court office in the area where you or the respondent lives or works. If you are applying to vary or discharge an order made in the District Court, you should apply where the original order was made.
Serve the respondent and provide proof of service
You must send a copy of the summons and completed application form to the respondent. This process is called serving. You will also need to provide proof of service to the court. This is done by completing a statutory declaration of service.
File Proof of Service
You must file a Statutory Declaration of Service in the court office. If all documents are in order, the application will be listed for court and the court hearing will be confirmed.
Attend court hearing
Both you and the respondent should attend court for the case to be heard by a judge. The judge will hear evidence from both of you and make a decision. The judge's decision is called a court order.
Receive a court order
After the court hearing, both you (also called the maintenance creditor) and the respondent (also called the maintenance debtor) will receive a copy of the court order as soon as it is ready.