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 as well as varying or discharging an existing order, or applying for an Attachment of Earnings Order.
The Courts Service does not charge a fee for making Family Law applications. You should discuss fees with your legal representative, or mediator if you choose to use their services.
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.
You can apply to the District Court office in the area where you or the respondent lives or works. If either of you live or work in Dublin, your local office may be the Dublin District Court Family Law Office, also known as Dolphin House. An exception to this is if you live or work in an area covered by the Swords and Balbriggan District Court Office. In this case your local office may be the Swords and Balbriggan District Court Office.
The application process for those applying in Dolphin House is different to the process for the rest of the country. Choose "How to Apply (Dolphin House)" for the Dolphin House specific process.
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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.
Decide on court location
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, or for an attachment of earnings order, you should apply where the original order was made.
Complete and submit the summons
To apply for a maintenance order, you will need to complete the necessary paperwork for the application and submit this to the court office.
Serve the summons and provide proof of service
You must send the summons 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.
Return documents to court office
You must file the original summons and statutory declaration of service in the court office. If the documents are in order, the summons 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.
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.
Book an appointment at Dolphin House
If either of you live or work in Dublin, your local office may be Dublin District Court Family Law Office, also known as Dolphin House. You will need to book an appointment online first before attending the court office.
Attend appointment in Dolphin House
At the appointment, a court office staff member will walk you through the process for completing and submitting your maintenance application. There are also some documents which you need to complete in advance and bring with you.
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.