- Before you start
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 file an Application to Recover Arrears of Maintenance
To apply to recover arrears of maintenance, you will need to complete and file an Application to Recover Arrears of Maintenance.
- Serve the maintenance debtor and provide proof of service
Submit your application to the District Court office where you or the respondent lives or works. If you are varying or discharging an order, file it where the original order was made.
- Serve the maintenance debtor and provide proof of service
You must send a copy of the summons and application form 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.
- 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 the 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.
Before you start
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.
Find your local District Court area >
Find your Courts Service office here >
Consider mediation and legal advice
Family Law decisions can have an impact on things such as maintenance, arrangements for your children, the family home, money, assets and pensions.
Before deciding to make a court application you should consider reaching an agreement with the help of a mediator or a solicitor.
Mediation can help to resolve any disputes you may have regarding maintenance. It is a confidential service. All mediators are neutral.
Mediation is not there to help couples reconcile. It is there to encourage you to cooperate and work out mutually acceptable arrangements. During mediation, you can meet with the mediator together or separately.
On average, mediation takes between three and six one-hour sessions.
If you have children, your mediator can ensure that the voice of the child is heard during the mediation process.
Your agreement can be changed or amended as needed. You will need to go to court to do this if, for example, your mediated agreement has been made a rule of court or forms part of a court order.
You might also want to get legal advice to understand your options. While the Courts Service cannot advise or represent people in court, we can inform you that services offered by a legal representative should include:
- advising you of your legal rights
- outlining how you might reach agreement
- preparing and filing your paperwork
- speaking on your behalf in court
You can decide to represent yourself in your law matter. If you decide to represent yourself, you will need to understand court procedures.
More information about mediation and legal help >
If you would like to check if you are eligible to apply for maintenance, you can use our quick ‘Maintenance Checker’ tool here
Step 2
Complete and file an Application to Recover Arrears of Maintenance
To apply to recover maintenance arrears, you must complete and file an Application to Recover Arrears of Maintenance . Important: Download and open this form using Adobe Acrobat Reader.
If maintenance payments were ordered to be paid to the District Court Clerk, you can request a Certificate of Arrears from the court office to help you fill out the application form.
You must then file three exact copies of the application form in the court office. You can do this by post or in person. If you want to file your application in person, certain court offices have an appointment booking service.
Please note: If your local office is the Dublin District Family Law Office, also known as Dolphin House, it offers a service by appointment only.
- If the paperwork is completed correctly, a Courts Service staff member will assign a hearing date for your application and issue a summons with the hearing details.
- You must serve the summons and the application form on the respondent. Please ensure you complete steps 3 and 4 of this step-by-step guide so your hearing can go ahead.
Step 3
Serve the maintenance debtor and provide proof of service
A member of Courts Service staff will return two copies of the summons and application form to you. Send one copy of the summons and application form to the maintenance debtor. This is called serving. These documents must be served by personal service at least 14 days before the court date.
If you cannot serve the summons and the application form by personal service, you can ask the District Court Clerk to seek a direction from a judge to allow service by another method. This is called an application for substituted service. A judge will decide if another form of service is acceptable, such as by registered post, ordinary post or email. If the judge grants this request, you can serve the summons by the agreed method.
You must also provide proof that the documents have been served on the maintenance debtor. This is called proof of service. To provide proof of service, you must fill out and declare a form called a Statutory Declaration of Service. This is a declaration verifying that the documents were served on the maintenance debtor. This form must be signed and declared in the presence of a solicitor (but not your own solicitor), a Commissioner for Oaths or a Peace Commissioner.
Step 4
File proof of service
You must file the Statutory Declaration of Service in the court office. You should do this as early as possible but at least four days before the date of the court hearing. If the documents are in order, the application will be listed for court and the court hearing will be confirmed.
If the Statutory Declaration of Service is not filed in time, the court hearing will not go ahead.
Step 5
Attend court hearing
The summons is a command to the maintenance debtor to attend court on the date stated in the summons. This will be for a court hearing which will be held in private. You must also attend court on the date stated in the summons.
When the case is heard, both you and the maintenance debtor will be required to present your case to the judge.
Both you and the maintenance debtor should bring information about your financial circumstances to the court hearing. For example, the judge may want information about your:
- Income such as income from employment, social welfare benefits, or other sources.
- Assets such as information and valuations of land, property, vehicles, or other assets.
- Expenditure such as household bills, loan repayments, or other expenses you have.
- Supports for other people such as maintenance payments for other dependent children.
You may also be asked to complete a Statement of Means form. This form is used to provide the court with an overall picture of your financial situation.
Both parties will get an opportunity to give evidence to the court and ask the other party any questions about their evidence. The judge may also ask additional questions.
After hearing all of the evidence, the judge will make a decision. This is called a court order. If the judge is satisfied that the required maintenance payments have not been made, some of the decisions that they can make include:
- Adjourning the case to allow for payment of any arrears of maintenance.
- Varying the existing maintenance order.
- Treating the non-payment of maintenance as a contempt of court. If the judge decides to do this, they can make an order to imprison the maintenance debtor.
If you fail to attend court, the case may be struck out by the judge. This means that the case will not go ahead and you will have to start the entire process again.
If the maintenance debtor fails to appear, the judge may make an order in their absence. You may also ask the judge to issue a warrant to have the maintenance debtor arrested and brought to court. If the judge makes this order, the court office will send a warrant to the Gardaí. When the Gardaí bring the maintenance debtor before the court, the judge will set a new date to deal with the case. The court office will notify you of this new date.
More information on preparing for Family Law court >
In some cases where children are involved, a judge might want information about their welfare, safety, health and care. If a child is of sufficient age and maturity, they might also want to take their views on board. To get this information, the judge might decide that they need a report from an expert.
Step 6
Receive a court order
After the court hearing, the court office will finalise the court order. The court office will post a copy of the order to you and the maintenance debtor — or your solicitors — as soon as it is ready. If an Attachment of Earnings Order is made, a copy will also be sent to the maintenance debtor’s employer.
If you do not receive the court order within four weeks, contact the court office.
You have the right to appeal if you are not happy with the decision of the judge. If you wish to appeal the decision, you must file your appeal documents within fourteen days of the court hearing.
