Step 3
Complete and submit the summons
To apply for a maintenance order you must fill out a form called a summons and ask the Courts Service to sign it. Choose the maintenance summons form below that is appropriate to your situation. If you are unsure about which summons to choose, Courts Service staff can inform you of the different options available.
Your next steps are as follows:
- Fill out the relative summons form below. Make sure that all information is completed but do not sign or insert a court date and time on the summons. Courts Service staff will do this.
- Ask the Courts Service staff to sign the summons and to assign a hearing date for your case. You can do this by post or by attending the court office.
- If the summons is filled out correctly, a staff member will sign it and assign a provisional hearing date. They will then return the summons to you. To confirm the hearing date for your case, you must complete steps 4 and 5 of this step-by-step guide.
Some legal terms to keep in mind when filling out a maintenance summons:
- The person making an initial maintenance application is called the applicant. The person being asked to pay maintenance is called the respondent.
- Once a maintenance order has been made, the person paying maintenance is called the maintenance debtor. The person receiving the payments is called the maintenance creditor.
Maintenance Summonses
Use this summons if you are applying for maintenance and are not married to the respondent.
Use this summons if you are applying for maintenance and you are married to the respondent.
Form 54.2 – Married but living apart,etc.
Use this summons if you are applying for maintenance where one spouse is dead, has deserted or is living separately and apart from the other, and neither spouse is maintaining the child(ren).
Form 54.4 – Unmarried brought by other
Use this summons if you applying for maintenance and are not married to the respondent but are a person holding legal status in relation to a dependent child(ren).
Use this summons if you are applying for lump sum payment related to the birth or funeral expenses of a child.
Use this summons if you are applying for maintenance for a dependent child from a cohabitant who is the child's guardian but not their parent.
Use this summons if you are applying for maintenance from a cohabitant in relation to the child of another person of which they are a guardian.
Summonses to Vary or Discharge a Maintenance Order
Form 54.11 – Discharge or vary a maintenance order - Section 6 (1) (b)
Use this summons if you are applying to discharge or vary a maintenance order that was issued in the District Court.
Form 54.9 – Summons to Discharge a Maintenance Order or Part Thereof
Use this summons to apply to discharge a maintenance order under Section 6 (1) (a) of the Act, or to discharge a part of a maintenance order.
Form 56.8 – Summons to Vary or Discharge an Attachment of Earnings Order
Use this summons if you are applying to vary or discharge an attachment of earnings order.
Attachment of Earnings Order
Form 56.1 – Summons for Attachment of Earnings Order (Maintenance Order made in District Court)
Use this summons to apply to have maintenance payments ordered by the District Court deducted directly from the maintenance debtors wages.
Form 56.2 – Summons for Attachment of Earnings Order (Enforcement Order made in High Court)
Use this summons to have maintenance payments, by enforcement order of the High Court, to be deducted directly from the maintenance debtors wages.
Form 56.8 – Summons to Vary or Discharge an Attachment of Earnings Order
Use this summons if you are applying to vary or discharge an attachment of earnings order.