How to apply to recover arrears of maintenance in the District Court
The following steps outline how to apply for the recovery of maintenance arrears in the District Court. This is where the original maintenance order was made in the District Court.
If your original maintenance order was made in the Circuit Court or High Court, you might want to get legal advice on how to recover maintenance arrears.
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.
The information provided below 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 should apply to the office where the initial maintenance order was made, but you can also apply to the District Court 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
Before applying for the recovery of maintenance arrears, you will need to decide on getting professional legal advice or representing yourself. You should also consider attending mediation.
Complete and submit the summons and written request
To apply to recover maintenance arrears, you will need to apply in writing and ask a District Court Clerk to issue a Summons for the Attendance of a Maintenance Debtor.
Serve the summons and provide proof of service
You must send the Summons for the Attendance of a Maintenance Debtor to the maintenance debtor. 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 maintenance debtor 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 and the maintenance debtor will receive a copy of the court order as soon as it is ready.
Consider Mediation and Legal Advice
Before applying for the recovery of maintenance arrears, you will need to decide on getting professional legal advice or representing yourself. You should also consider attending mediation.
Book 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.
Attend Appointment in Dolphin House
You should arrive at Dolphin House in enough time for your appointment on the date chosen when booked.
Attend court hearing
The summons is a command to the maintenance debtor to attend court on the date stated in the summons.
Receive a court order
After the court hearing, both you and the maintenance debtor will receive a copy of the court order as soon as it is ready.