How to apply for a maintenance order
Prepare your documents and fill in the form
You can apply for a maintenance order if you need financial support from the other parent, your spouse, civil partner, or a guardian.
You can apply if:
- You are a parent seeking support for your child
- You are a spouse or civil partner seeking financial support after a relationship breakdown
- You are a guardian applying on behalf of a child in your care
You can apply whether you’re working, receiving social welfare, or not earning an income.
You don’t need a solicitor
You don’t need legal representation to apply for a maintenance order — but you can get legal advice or support if you want to.
Before you apply
In some cases, it may be helpful to reach an agreement through mediation before going to court. The judge will take any existing agreements into account when making a decision.
To apply for a maintenance order, you’ll need to fill out the correct form and prepare some supporting information.
Choose the right form
- If you're applying for a new maintenance order, complete the Application for Maintenance form.
- If you're applying to vary or discharge an existing maintenance order, complete the Application to Vary or Discharge a Maintenance Order form.
- If you're including more than one child, also complete the Additional Dependent Child form and attach it to your application.
What to do next
- Fill out the relevant form completely. Make sure all required details are included.
- Print and file three identical copies of the form at your local District Court office. You can do this:
- In person
- By post
Some court offices require an appointment for in-person filing. Book an appointment online.
What happens next
If your application is complete, the Courts Service will:
- Assign a date for your court hearing
- Issue a summons with the hearing details
Once you’ve filled out your application form, you need to submit it to the right District Court office.
Where to submit
Bring or post your completed forms to the District Court office in the area where:
- You live, or
- The respondent (the person you're applying against) lives
If you're applying to vary, discharge, or enforce an existing order, submit your forms to the same court
Find your local court office
Book an appointment (if required)
What to submit
- Three identical copies of your completed Application for Maintenance form (or the correct variation form)
- Any supporting forms, such as the Affidavit of Means or Additional Dependent Child form (if needed)
Some court offices require an appointment for in-person submissions. Check in advance before attending.
After you submit your application, the court will return two copies of the summons and your application form to you.
What you need to do
- Give one copy to the respondent (the person you're applying against)
- Keep the other copy for your own records
This step is called serving. It lets the other person know about the court application and when the hearing will take place.
How to serve the documents
You can serve the documents in one of the following ways:
- By registered post
- By personal delivery (handing the documents directly to the respondent)
If you're not sure how to do this, contact the court office for help.
If you can’t serve the documents
If it’s not possible to serve the documents using post or personal delivery, you can apply to the court for substituted service.
The judge may allow you to serve the documents by:
- Ordinary post
- Other electronic means
You’ll need to explain why standard service isn’t possible and ask the judge for permission to use another method.
After you've served the respondent with the court documents, you must confirm to the court that this was done correctly. This is called proof of service.
Fill out the Statutory Declaration of Service
To prove that the documents were served, you need to complete a Statutory Declaration of Service form. This confirms:
- Who served the documents
- How and when they were served
- Who received them
You must sign the form in front of one of the following:
- A solicitor (not your own solicitor)
- A Commissioner for Oaths
- A Peace Commissioner
Download the Statutory Declaration of Service form
File the declaration with the court
File the completed form at the court office at least 2 days before your hearing.
You can file it:
- In person (some offices require an appointment)
- By post
Important: If the declaration isn’t filed in time, your hearing will not go ahead and your application may be delayed.
You must go to court on the date listed in your summons. The hearing will be held in private. The respondent (the other person) must attend too.
What to bring
Bring documents that show your financial situation. The judge may ask for:
- Income – payslips, social welfare statements
- Assets – property, land, savings, vehicles
- Expenses – rent, bills, childcare costs, loan repayments
- Existing maintenance – if you already support other children
What happens in court
- You and the respondent will each have a chance to speak
- The judge or the other person may ask you questions
- You can also ask questions about the other person’s evidence
The judge will listen to both sides and make a decision based on the evidence. If maintenance is granted, the judge will issue a maintenance order.
If someone doesn’t attend
- If you don’t attend: your case may be struck out and you’ll have to start again.
- If the respondent doesn’t attend: you can ask the judge to issue a warrant to bring them to court. A new date will be set if this happens.
If children are involved
The judge may ask for information about the child’s welfare, safety, health, or care. If the child is old enough and mature enough, the judge may take their views into account.
In some cases, the judge may order an expert report to help with their decision.
After the hearing, the judge will make a decision. If maintenance is granted, the judge will issue a maintenance order.
What the court order includes
The order will set out:
- The amount of maintenance to be paid
- How often payments must be made (e.g. weekly or monthly)
- When payments should start
- Any other conditions set by the court
A copy of the order will be sent to:
- You
- The respondent
- Your solicitor (if you have one)
If an Attachment of Earnings Order is made, a copy will also be sent to the respondent’s employer.
If you don’t receive your order
If you don’t receive your court order within 4 weeks of the hearing, contact the court office where your case was heard.
If you want to appeal
If you disagree with the judge’s decision, you can appeal. You must file your appeal documents within 14 days of the hearing.
