{"id":11455,"date":"2022-04-24T15:23:15","date_gmt":"2022-04-24T15:23:15","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11455"},"modified":"2024-03-13T21:46:16","modified_gmt":"2024-03-13T21:46:16","slug":"enforcement-of-maintenance","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/enforcement-of-maintenance\/","title":{"rendered":"Enforcement of Maintenance"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/#Special_Procedures\" title=\"Special Procedures\">Special Procedures<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/#Attachment_Procedure\" title=\"Attachment Procedure\">Attachment Procedure<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/#Attachment_Issues\" title=\"Attachment Issues\">Attachment Issues<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/#Duties_of_Payer\" title=\"Duties of Payer\">Duties of Payer<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/#Judicial_Separation_Divorce\" title=\"Judicial Separation &amp; Divorce\">Judicial Separation &amp; Divorce<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/#Default\" title=\"Default\">Default<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/#Defence_Forces\" title=\"Defence Forces\">Defence Forces<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/#Other_Methods\" title=\"Other Methods\">Other Methods<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/2\/#FAMILY_LAW_MAINTENANCE_OF_SPOUSES_AND_CHILDREN_ACT_1976\" title=\"FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976\">FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/2\/#Attachment_of_Earnings\" title=\"Attachment of Earnings\">Attachment of Earnings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/2\/#Payment_of_compensation_to_District_Court_clerks_for_transmission_and_attachment_of_earnings_orders\" title=\"Payment of compensation to District Court clerks for transmission, and attachment of earnings orders.\">Payment of compensation to District Court clerks for transmission, and attachment of earnings orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/2\/#Failure_to_make_payments_to_be_contempt_of_court\" title=\"Failure to make payments to be contempt of court.\">Failure to make payments to be contempt of court.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/2\/#Certificate_of_outstanding_payments\" title=\"Certificate of outstanding payments.\">Certificate of outstanding payments.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/2\/#Attachment_of_earnings_order\" title=\"Attachment of earnings order.\">Attachment of earnings order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/2\/#Compliance_with_attachment_of_earnings_order\" title=\"Compliance with attachment of earnings order.\">Compliance with attachment of earnings order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/2\/#Application_of_sums_received_by_District_Court_clerk\" title=\"Application of sums received by District Court clerk.\">Application of sums received by District Court clerk.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/2\/#Statement_as_to_earnings\" title=\"Statement as to earnings.\">Statement as to earnings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/2\/#Notification_of_changes_of_employment_and_earnings\" title=\"Notification of changes of employment and earnings.\">Notification of changes of employment and earnings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/2\/#Power_to_determine_whether_particular_payments_are_earnings\" title=\"Power to determine whether particular payments are earnings.\">Power to determine whether particular payments are earnings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/2\/#Persons_in_service_of_State_local_authority_etc\" title=\"Persons in service of State, local authority etc.\">Persons in service of State, local authority etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/2\/#Discharge_variation_and_lapse_of_attachment_of_earnings_order\" title=\"Discharge, variation and lapse of attachment of earnings order.\">Discharge, variation and lapse of attachment of earnings order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/2\/#Cesser_of_attachment_of_earnings_order\" title=\"Cesser of attachment of earnings order.\">Cesser of attachment of earnings order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/2\/#Provisions_in_relation_to_alternative_remedies\" title=\"Provisions in relation to alternative remedies.\">Provisions in relation to alternative remedies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/enforcement-of-maintenance\/2\/#Enforcement\" title=\"Enforcement.\">Enforcement.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Special_Procedures\"><\/span>Special Procedures<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Prior to recent reforms of the enforcement of judgment legislation, maintenance was one of the few types of payment which could be secured by a simplified attachment of earnings order procedure. An application for attachment of the earnings of the maintenance debtor (payer) can be made summarily to the District Court Clerk to whom payment is made. The consent of the spouse is not required.<\/p>\n<p>The application may be made by the District Court Clerk at the time and the court first makes a maintenance order, if it is satisfied that a maintenance debtor is a person to whom earnings fall to be paid. Proof of default is not necessary. There are parallel provisions in respect of maintenance in the course in judicial separation and divorce.<\/p>\n<p>The court must give the maintenance debtor the opportunity to make representations relating to whether he is employed or self-employed and whether he would make the payments to which the order relates.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Attachment_Procedure\"><\/span>Attachment Procedure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The attachment of earnings procedure applies to periodic maintenance. It has been held that a lump sum such as redundancy are not earnings for this purpose.<\/p>\n<p>The attachment of the earnings order is required to specify a normal deduction rate and a protected earnings rate. The normal deduction rate is the rate which the court considers reasonable to apply for payments due under the order and arrears due. The protected rate is the amount which the court considers below which the earnings of the payer\/maintenance debtor should not fall.<\/p>\n<p>Where the order is served on the employer or other payer of earnings, it obliges it to deduct payments and pay them to the District Court Clerk for the benefit of the maintenance creditor. The employer or other payer must give the maintenance debtor a statement of deductions. The District Court Clerk is to forward payments received to the maintenance creditor \/s spouse.<\/p>\n<p>Once an order is made under this legislation, other orders for enforcement under the enforcement of court orders legislation lapse.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Attachment_Issues\"><\/span>Attachment Issues<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court may require the maintenance debtor to furnish a statement of earnings and of his employer as well as the particulars of his personal resources and financial requirements. The notice of the application may include a request for a requirement to furnish these details. They may include earnings and expected earnings.<\/p>\n<p>Where the order is in force, an employer, maintenance creditor or maintenance debtor may apply to the court for a determination as to whether any income is earnings for the purpose of the legislation.<\/p>\n<p>Where a maintenance debtor ceases to be in the employment of the employer to whom an attachment of earnings order is directed, that employer must notify the court within 10 days. The order lapses upon cessation of employment or if the person was never employed by the putative addressee of the order. The order does continue in effect in respect of earnings paid after termination of employment if any.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Duties_of_Payer\"><\/span>Duties of Payer<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The maintenance debtor is obliged to notify the District Court Clerk within 10 days of cessation of employment or change of employment. He is required to give details of his new earnings or potential earnings.<\/p>\n<p>Where a person employs a maintenance debtor and becomes aware that an attachment of order is in force, he is obliged to notify the court that he is an employer and provide a statement of earnings. The District Court Clerk may serve the order on the employer.<\/p>\n<p>A person who fails without reasonable excuse to give notice above and as a consequence fails to obtain money due under the attachment order, may be sued for recovery of that sum as a contract debt.<\/p>\n<p>It is an offence to give false or misleading information to the court in relation to any of the above matter. The person concerned is liable to a fine of up to \u20ac254 or imprisonment of up to six months. There is no criminal sanction for failure to inform the court.<\/p>\n<p>The court may discharge or vary enforcement of attachment of earnings order. The order is automatically discharged upon discharge of the underlying maintenance order.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Judicial_Separation_Divorce\"><\/span>Judicial Separation &amp; Divorce<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Judicial Separation and Family Law Reform Acts and the Family Law (Divorce) Act allow for secured payment orders to be granted at the time a periodical payment order is made under the maintenance or guardianship of infants legislation.<\/p>\n<p>The maintenance debtor may be required to secure the payment in the manner specified to the satisfaction of the court. It originally applied to separation and divorce matters only but has been extended to all maintenance orders. It is available in the District Court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Default\"><\/span>Default<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The general enforcement of orders legislation may be employed in respect of maintenance orders. See the sections separately on the enforcement of court orders. A person who defaults in payments may be subject to distress of his goods or imprisonment on application by the maintenance creditor or District Court Clerk where the payments are being made through the latter.<\/p>\n<p>Proceedings in respect of maintenance arrears in the six months prior to the application may be recovered. An application is made to the District Court for summonsing or arrest of a maintenance debtor. The maintenance debtor may be required to enter a recognisance to appear on a specified date with or without sureties.<\/p>\n<p>The District Court may on application direct that arrears of a maintenance debt are recovered by distress and the sale of the maintenance debtor&#8217;s goods. Subject to the enforcement of court orders legislation generally and Constitutional issues that have arisen in that context, a maintenance debtor may be imprisoned for deliberate failure to make payments due, which he can afford.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Defence_Forces\"><\/span>Defence Forces<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Defence Forces legislation has older provisions for the automatic deduction of earnings. If a maintenance order is made against a person who is a member of the Permanent Defence Force, a copy of the order may be sent to the Minister for Defence.<\/p>\n<p>There shall be ordered to be deducted and appropriated in satisfaction of the amount, such portion not exceeding two-thirds or three fourth of his daily pay as the authority thinks fit. The applicable proportions depend on the member\u2019s rank.<\/p>\n<p>The attachment of earnings provisions and imprisonment under the enforcement of court orders is not permitted.<\/p>\n<p>Where it appears to the Minister that a person is or subsequently becomes a member of the Permanent Defence Forces, has deserted or left in destitute circumstances without reasonable cause, his wife or any legitimate children under the age of 18, the Minister may order that there be deducted from his pay and applied in such manner as the Minister thinks fit, monies for the maintenance of the wife and such legitimate children. The above proportions apply.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Other_Methods\"><\/span>Other Methods<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Other methods of enforcement may be applied to the enforcement of maintenance payment. Some of the remedies are not available as the order is not final in the sense that it may be varied. An application for variation may be made.<\/p>\n<p>An application may be made under the Debtors (Ireland) Act, for payment of arrears of maintenance or committal in default for deliberate refusal or neglect to pay. They may be provided in the order to enable payment of the debt. Imprisonment may be for a term of six weeks or until payment is made.<\/p>\n<p>The maintenance payments may be recovered by attachment or committal proceedings. They may not be recovered by an action as they are not a final judgment. A motion may be made to attach and commit the maintenance creditor to prison for a default or contempt of court may be made.<\/p>\n<p><!--nextpage--><\/p>\n<h2>FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976<\/h2>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<h4>Attachment of Earnings<\/h4>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C43<br \/>\nApplication of Part extended with modifications (3.05.1993) by Criminal Justice Act 1993 (6\/1993), s. 7(2)(b), commenced as per s. 14(2).<\/p>\n<h4>Payment of compensation to District Court clerks for transmission, and attachment of earnings orders.<\/h4>\n<p>7.\u2014(1) Subject to subsection (2), payments under a compensation order or an order under section 6 (8) shall be made, for transmission to the injured party concerned, to such District Court clerk as may be determined from time to time by the court which made the order.<\/p>\n<p>(2) For the purposes of subsection (1) and of securing compliance with compensation orders and orders under section 6(8)\u2014 &#8230;<\/p>\n<p>(b) Part III (which relates to attachment of earnings), and<\/p>\n<p>&#8230;<\/p>\n<p>of the Family Law (Maintenance of Spouses and Children) Act, 1976, shall apply to those orders with the following modifications and any other necessary modifications, that is to say: &#8230;<\/p>\n<p>(ii) in the said Part III\u2014<\/p>\n<p>(I) in section 10\u2014<\/p>\n<p>(A) subparagraphs (i) and (ii) of subsection (1) (a) shall not apply,<\/p>\n<p>(B) the reference to the District Court in subsection (1)(a)(iii)(I) shall be construed as a reference to a court, and<\/p>\n<p>(C) in subsection (2), paragraph (a) shall be deleted and the following paragraph shall be substituted for paragraph (b):<\/p>\n<p>\u201c(b) in any other case, to the District Court clerk specified by the attachment of earnings order for transmission to the injured party concerned\u201d,<\/p>\n<p>(II) the references to an antecedent order shall be construed as references to a compensation order and an order under section 6(8),<\/p>\n<p>(III) the references to the maintenance creditor shall be construed as references to the injured party, and<\/p>\n<p>(IV) the references to the maintenance debtor shall be construed as references to the convicted person or, in a case to which section 99 of the Children Act, 1908, applies, to his parent or guardian,<\/p>\n<p>&#8230;<\/p>\n<p>F42[<\/p>\n<h4>Failure to make payments to be contempt of court.<\/h4>\n<p>9A.\u2014 (1) Subject to this section it shall be contempt of court for a maintenance debtor to fail to make a payment due under an antecedent order.<\/p>\n<p>(2) As respects a contempt of court arising pursuant to this section, a judge of the District Court shall, subject to this section, have such powers, including the power to impose a sanction, as are exercisable by a judge of the High Court in relation to contempt of court in proceedings before the High Court.<\/p>\n<p>(3) Where a payment under an antecedent order made by the District Court has not been made, the maintenance creditor may apply to the District Court clerk concerned for the issue of a summons directing the maintenance debtor to appear before the District Court.<\/p>\n<p>(4) A summons referred to in subsection (3) shall\u2014<\/p>\n<p>(a) be issued by the District Court clerk concerned,<\/p>\n<p>(b) contain a statement that failure to make a payment in accordance with the order concerned constitutes a contempt of court and giving details of the consequences of the court finding that a contempt of court has taken place including in particular the possibility of imprisonment,<\/p>\n<p>(c) state that the maintenance debtor may be arrested if he or she fails to appear before the District Court as directed in the summons, and<\/p>\n<p>(d) be served on the maintenance debtor personally, or in such other manner authorised by a judge of the District Court.<\/p>\n<p>(5) If the maintenance debtor fails, without reasonable excuse, to appear before the court in answer to the summons, the judge of the District Court, on the application of the maintenance creditor, shall, if satisfied that the debtor was served with the summons, issue a warrant for the arrest of the maintenance debtor.<\/p>\n<p>(6) A maintenance debtor arrested pursuant to a warrant issued under subsection (5) shall be brought as soon as practicable before the District Court.<\/p>\n<p>(7) Where a maintenance debtor is arrested and brought before the District Court under subsection (6), the judge shall fix a new date for the hearing of the summons and direct that the creditor be informed by the District Court by notice in writing of the date so fixed, and shall explain to the debtor in ordinary language\u2014<\/p>\n<p>(a) that he or she is required to attend before the court at the date next fixed for the hearing of the summons,<\/p>\n<p>(b) that failure to attend may in itself constitute a contempt of court and the consequences of such contempt, including in particular the possibility of imprisonment, and that such contempt and the consequences which may follow are in addition to the consequences arising by reason of failure to make a payment under the antecedent order, and<\/p>\n<p>(c) that he or she is entitled to apply for legal advice and legal aid under the Civil Legal Aid Act 1995.<\/p>\n<p>(8) At the hearing of the summons, before hearing evidence from any party the judge shall explain to the debtor in ordinary language\u2014<\/p>\n<p>(a) the consequences, and in particular the possibility of imprisonment, which may follow a failure to make a payment in accordance with an antecedent order, and<\/p>\n<p>(b) unless the maintenance debtor has already been so informed under subsection (7), that he or she is entitled to apply for legal advice and legal aid under the Civil Legal Aid Act 1995.<\/p>\n<p>(9) On the hearing of the summons, having given to the maintenance debtor the explanations referred to in subsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, if the judge is satisfied that the payment concerned has not been made, and\u2014<\/p>\n<p>(a) that the failure to make the payment concerned is due to\u2014<\/p>\n<p>(i) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or<\/p>\n<p>(ii) some other reason not attributable to any act or omission of the maintenance debtor,<\/p>\n<p>the judge may, where he or she believes that to do so would improve the likelihood of the payment concerned being made within a reasonable period, adjourn the hearing\u2014<\/p>\n<p>(I) to enable the outstanding payment to be made, or<\/p>\n<p>(II) to enable an application to be made for an attachment of earnings order under section 10,<\/p>\n<p>(b) that the failure to make the payment concerned is due to the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later) the judge may, where the antecedent order was made by the District Court, treat the hearing as an application to vary the antecedent order, and having heard evidence as to the financial circumstances of both the maintenance debtor and the maintenance creditor, make an order varying the antecedent order.<\/p>\n<p>(10) Where on the hearing of the summons, having given to the maintenance debtor the explanations referred to in subsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, the judge is satisfied that the payment concerned has not been made and that the failure to make the payment concerned is not due to\u2014<\/p>\n<p>(a) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or<\/p>\n<p>(b) some other reason not attributable to any act or omission of the maintenance debtor,<\/p>\n<p>the judge may treat the failure by the maintenance debtor to make the payment concerned as constituting contempt of court and the judge may deal with the matter accordingly.<\/p>\n<p>(11) Where a maintenance debtor to whom subsection (7) applies does not attend court on the date fixed for the hearing of the summons the judge may treat such failure to attend court as constituting contempt of court and the judge may deal with the matter accordingly.<\/p>\n<p>(12) In this section \u2018financial circumstances\u2019 means, in relation to a person\u2014<\/p>\n<p>(a) the amount of the person\u2019s annual income,<\/p>\n<p>(b) the aggregate value of all property (real and personal) belonging to the person,<\/p>\n<p>(c) the aggregate of all liabilities of the person including any duty (moral or legal) to provide financially for members of his or her family or other persons,<\/p>\n<p>(d) the aggregate of all monies owing to the person, the dates upon which they fall due to be paid and the likelihood of their being paid, and<\/p>\n<p>(e) such other circumstances as the court considers appropriate.<\/p>\n<p>(13) This section does not apply unless the antecedent order concerned was actually made by the District Court. ]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F42<br \/>\nInserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23\/2011), s. 31, commenced on enactment.<\/p>\n<p>F42[<\/p>\n<h4>Certificate of outstanding payments.<\/h4>\n<p>9B.\u2014 Where, pursuant to section 9, a court has made a maintenance order, a variation order or an interim order and directed that payments under the order be made to the District Court clerk, in any proceedings under this Act or under the Enforcement of Court Orders Acts 1926 to 2009, a certificate purporting to be signed by the relevant District Court clerk as to the amount of monies outstanding on foot of such order shall, until the contrary is shown, be evidence of the matters stated in the certificate.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F43<br \/>\nInserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23\/2011), s. 31, commenced on enactment.<\/p>\n<h4>Attachment of earnings order.<\/h4>\n<p>10.\u2014(1) (a) On application\u2014<\/p>\n<p>(i) to the High Court by a person on whose application the High Court has made an antecedent order,<\/p>\n<p>(ii) to the Circuit Court by a person on whose application the Circuit Court has made an antecedent order,<\/p>\n<p>(iii) to the District Court\u2014<\/p>\n<p>(I) by a person on whose application the District Court has made an antecedent order, or<\/p>\n<p>(II) by a District Court clerk to whom payments under an antecedent order are required to be made,<\/p>\n<p>the Court to which the application is made (subsequently referred to in this section as \u201cthe Court\u201d) may, to secure payments under the antecedent order, if it is satisfied that the maintenance debtor is a person to whom earnings fall to be paid, make an attachment of earnings order.<\/p>\n<p>(b) References in this subsection to an antecedent order made by any Court include references to such an order made, varied or affirmed on appeal from that Court.<\/p>\n<p>F44[(1A) (a) Where a court has made an antecedent order, it shall in the same proceedings, subject to subsection (3), make an attachment of earnings order in order to secure payments under the antecedent order if it is satisfied that the maintenance debtor is a person to whom earnings fall to be paid.<\/p>\n<p>(b) References in this subsection to an antecedent order made by a court include references to such an order made, varied or affirmed on appeal from that court.]<\/p>\n<p>(2) An attachment of earnings order shall be an order directed to a person who (at the time of the making of the order or at any time thereafter) has the maintenance debtor in his employment F45[or is a trustee (within the meaning of the Family Law Act, 1995) of a pension scheme (within the meaning aforesaid) under which the maintenance debtor is receiving periodical pension benefits] and shall operate as a direction to that person to make, at such times as may be specified in the order, periodical deductions of such amounts (specified in the order) as may be appropriate, having regard to the normal deduction rate and the protected earnings rate, from the maintenance debtor\u2019s earnings and to pay the amounts deducted, at such times as the Court may order\u2014<\/p>\n<p>(a) in case the relevant antecedent order is an enforceable maintenance order, to the District Court clerk specified by the attachment of earnings order for transmission to the person entitled to receive payments made under the relevant antecedent order F46[or, where appropriate, to the competent authority],<\/p>\n<p>(b) in any other case, to the person referred to in paragraph (a) of this subsection or, if the Court considers proper, to the District Court clerk specified by the attachment of earnings order for transmission to that person F47[or, where appropriate, to the competent authority].<\/p>\n<p>F48[(3) (a) Before deciding whether to make or refuse to make an attachment of earnings order, the court shall give the maintenance debtor concerned an opportunity to make the representations specified in paragraph (b) in relation to the matter and shall have regard to any such representations made by the maintenance debtor.<\/p>\n<p>(b) The representations referred to in paragraph (a) are representations relating to the questions\u2014<\/p>\n<p>(i) F49[whether the person concerned] is a person to whom such earnings as aforesaid fall to be paid, and<\/p>\n<p>(ii) whether he or she would make the payments to which the relevant order relates.]<\/p>\n<p>(4) An attachment of earnings order shall\u2014<\/p>\n<p>(a) specify the normal deduction rate, that is to say, the rate at which the Court considers it reasonable that the earnings to which the order relates should be applied in satisfying the relevant antecedent order, not exceeding the rate appearing to the Court to be necessary for the purpose of\u2014<\/p>\n<p>(i) securing payment of the sums falling due from time to time under the relevant antecedent order, and<\/p>\n<p>(ii) securing payment within a reasonable period of any sums already due and unpaid under the relevant antecedent order and any costs incurred in proceedings relating to the relevant antecedent order which are payable by the maintenance debtor,<\/p>\n<p>(b) specify the protected earnings rate, that is to say, the rate below which, having regard to the resources and the needs of the maintenance debtor, the Court considers it proper that the relevant earnings should not be reduced by a payment made in pursuance of the attachment of earnings order,<\/p>\n<p>(c) contain so far as they are known to the Court such particulars as it considers appropriate for the purpose of enabling the maintenance debtor to be identified by the person to whom the order is directed.<\/p>\n<p>(5) Payments under an attachment of earnings order shall be in lieu of payments of the like total amount under the relevant antecedent order that have not been made and that, but for the attachment of earnings order, would fall to be made under the relevant antecedent order.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F44<br \/>\nInserted (1.08.1996) by Family Law Act 1995 (26\/1995), s. 43(d)(i), S.I. No. 46 of 1996.<\/p>\n<p>F45<br \/>\nInserted (1.08.1996) by Family Law Act 1995 (26\/1995), s. 43(d)(ii), S.I. No. 46 of 1996.<\/p>\n<p>F46<br \/>\nInserted (29.11.1990) by Social Welfare Act 1989 (4\/1989), s. 13(1)(e), S.I. No. 273 of 1990.<\/p>\n<p>F47<br \/>\nInserted (29.11.1990) by Social Welfare Act 1989 (4\/1989), s. 13(1)(f), S.I. No. 273 of 1990.<\/p>\n<p>F48<br \/>\nSubstituted (1.08.1996) by Family Law Act 1995 (26\/1995), s. 43(d)(iii), S.I. No. 46 of 1996.<\/p>\n<p>F49<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 76, S.I. No. 12 of 2016.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C44<br \/>\nApplication of section extended (18.06.2011) by European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011), reg. 10(9), in effect as per reg. 1(2); as substituted (29.11.2011) by European Communities (Maintenance) (Amendment) Regulations 2011 (S.I. No. 612 of 2011), reg. 7.<\/p>\n<p>Enforcement of enforceable maintenance orders given in a Member State not bound by the 2007 Hague Protocol<\/p>\n<p>10. &#8230;<\/p>\n<p>(9) Where a sum payable under an enforceable maintenance order is not duly paid\u2014<\/p>\n<p>(a) the maintenance creditor may, in writing, request the district court clerk concerned to make an application to the District Court respecting that sum under section 10 (as amended by section 43 of the Act of 1995) of the Act of 1976, or<\/p>\n<p>&#8230;<\/p>\n<p>C45<br \/>\nApplication of section extended (1.03.2002) by European Communities (Civil and Commercial Judgment) Regulations 2002 (S.I. No. 52 of 2002), reg. 6(10), in effect as per reg. 2.<\/p>\n<p>Enforcement of enforceable maintenance orders<\/p>\n<p>6. &#8230;<\/p>\n<p>(10) If a sum payable under an enforceable maintenance order is not duly paid and if the maintenance creditor so requests in writing, the district court clerk concerned shall make an application respecting that sum under\u2014 &#8230;<\/p>\n<p>(b) section 10 (which relates to the attachment of certain earnings) of the Act of 1976.<\/p>\n<p>&#8230;<\/p>\n<p>C46<br \/>\nApplication of section modified (3.05.1993) by Criminal Justice Act 1993 (6\/1993), s. 7(2)(b), commenced as per s. 14(2).<\/p>\n<p>Payment of compensation to District Court clerks for transmission, and attachment of earnings orders.<\/p>\n<p>7.\u2014(1) Subject to subsection (2), payments under a compensation order or an order under section 6 (8) shall be made, for transmission to the injured party concerned, to such District Court clerk as may be determined from time to time by the court which made the order.<\/p>\n<p>(2) For the purposes of subsection (1) and of securing compliance with compensation orders and orders under section 6(8)\u2014 &#8230;<\/p>\n<p>(b) Part III (which relates to attachment of earnings), and<\/p>\n<p>&#8230;<\/p>\n<p>of the Family Law (Maintenance of Spouses and Children) Act, 1976, shall apply to those orders with the following modifications and any other necessary modifications, that is to say:<\/p>\n<p>&#8230;<\/p>\n<p>(ii) in the said Part III\u2014<\/p>\n<p>(I) in section 10\u2014<\/p>\n<p>(A) subparagraphs (i) and (ii) of subsection (1) (a) shall not apply,<\/p>\n<p>(B) the reference to the District Court in subsection (1)(a)(iii)(I) shall be construed as a reference to a court, and<\/p>\n<p>(C) in subsection (2), paragraph (a) shall be deleted and the following paragraph shall be substituted for paragraph (b):<\/p>\n<p>\u201c(b) in any other case, to the District Court clerk specified by the attachment of earnings order for transmission to the injured party concerned\u201d,<\/p>\n<p>(II) the references to an antecedent order shall be construed as references to a compensation order and an order under section 6(8),<\/p>\n<p>(III) the references to the maintenance creditor shall be construed as references to the injured party, and<\/p>\n<p>(IV) the references to the maintenance debtor shall be construed as references to the convicted person or, in a case to which section 99 of the Children Act, 1908, applies, to his parent or guardian,<\/p>\n<p>&#8230;<\/p>\n<h4>Compliance with attachment of earnings order.<\/h4>\n<p>11.\u2014(1) Where an attachment of earnings order or an order varying it is made, the employer for the time being affected by it shall, if it has been served upon him, comply with it; but he shall be under no liability for non-compliance therewith before ten days have elapsed since the service.<\/p>\n<p>(2) Where an attachment of earnings order is served on any person and the maintenance debtor is not in his employment or the maintenance debtor subsequently ceases to be in his employment, that person shall (in either case), within ten days from the date of service or, as the case may be, the cesser, give notice of that fact to the Court.<\/p>\n<p>(3) On any occasion when a person makes, in compliance with an attachment of earnings order, a deduction from a maintenance debtor\u2019s earnings, he shall give to the maintenance debtor a statement in writing of the total amount of the deduction.<\/p>\n<p>(4) Such court registrar or court clerk as may be specified by an attachment of earnings order shall cause the order to be served on the employer to whom it is directed and on any subsequent employer of the maintenance debtor concerned of whom the registrar or clerk so specified becomes aware and such service may be effected by leaving the order or a copy of the order at, or sending the order or a copy of the order by registered prepaid post to, the residence or place of business in the State of the person to be served.<\/p>\n<h4>Application of sums received by District Court clerk.<\/h4>\n<p>12.\u2014Any payments made to a District Court clerk under an attachment of earnings order shall, when transmitted by him to the person entitled to receive those payments F50[or, where appropriate, to the competent authority], be deemed to be payments made by the maintenance debtor so as to discharge\u2014<\/p>\n<p>(a) firstly, any sums payable under the relevant antecedent order, and<\/p>\n<p>(b) secondly, any costs in proceedings relating to the relevant antecedent order payable by the maintenance debtor when the attachment of earnings order was made or last varied.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F50<br \/>\nInserted (29.11.1990) by Social Welfare Act 1989 (4\/1989), s. 13(1)(g), S.I. No. 273 of 1990.<\/p>\n<h4>Statement as to earnings.<\/h4>\n<p>13.\u2014(1) In relation to an attachment of earnings order or an application for such an order, the Court that made the order or to which the application is made may, before or at the hearing or while the order is in force\u2014<\/p>\n<p>(a) order the maintenance debtor to give to the Court, within a specified period, a statement in writing signed by him of\u2014<\/p>\n<p>(i) the name and address of any person by whom earnings are paid to him,<\/p>\n<p>(ii) specified particulars as to his earnings and expected earnings and as to his resources and needs, and<\/p>\n<p>(iii) specified particulars for enabling the maintenance debtor to be identified by any employer of his,<\/p>\n<p>(b) order any person appearing to the Court to have the maintenance debtor in his employment to give to the Court, within a specified period, a statement signed by that person, or on his behalf, of specified particulars of the maintenance debtor\u2019s earnings and expected earnings.<\/p>\n<p>(2) Notice of an application for an attachment of earnings order served on a maintenance debtor may include a requirement that he shall give to the Court, within the period and in the manner specified in the notice, a statement in writing of the matters referred to in subsection (1) (a) of this section and of any other matters which are or may be relevant to the determination of the normal deduction rate and the protected earnings rate to be specified in the order.<\/p>\n<p>(3) In any proceedings in relation to an attachment of earnings order, a statement given to the Court in compliance with an order under paragraph (a) or (b) of subsection (1) of this section or with a requirement under subsection (2) of this section shall be admissible as evidence of the facts stated therein, and a document purporting to be such a statement shall be deemed, unless the contrary is shown, to be a statement so given.<\/p>\n<h4>Notification of changes of employment and earnings.<\/h4>\n<p>14.\u2014Where an attachment of earnings order is in force:<\/p>\n<p>(a) the maintenance debtor shall notify in writing the Court that made the order of every occasion on which he leaves any employment, or becomes employed or re-employed, not later (in each case) than ten days from the date on which he does so,<\/p>\n<p>(b) the maintenance debtor shall, on any occasion on which he becomes employed or re-employed, include in his notification under paragraph (a) of this section particulars of his earnings and expected earnings from the relevant employment,<\/p>\n<p>(c) any person who becomes an employer of the maintenance debtor and knows that the order is in force and by what Court it was made shall, within ten days of his becoming the maintenance debtor\u2019s employer or of acquiring that knowledge (whichever is the later), notify that Court in writing that he is the debtor\u2019s employer, and include in his notification a statement of the debtor\u2019s earnings and expected earnings.<\/p>\n<h4>Power to determine whether particular payments are earnings.<\/h4>\n<p>15.\u2014(1) Where an attachment of earnings order is in force, the Court that made the order shall, on the application of the employer concerned or the maintenance debtor or the person to whom payments are being made under the order, determine whether payments (or any portions thereof) to the maintenance debtor of a particular class or description specified by the application are earnings for the purpose of the order, and the employer shall give effect to any determination for the time being in force under this section.<\/p>\n<p>(2) Where an application under this section is made by the employer, he shall not incur any liability for non-compliance with the order as respects any payments (or any portions thereof) of the class or description specified by the application which are made by him to the maintenance debtor while the application or any appeal in consequence thereof or any decision in relation to the application or appeal is pending, but this shall not, unless the Court otherwise orders, apply as respects such payments (or any portions thereof) if the employer subsequently withdraws the application or, as the case may be, abandons the appeal.<\/p>\n<h4>Persons in service of State, local authority etc.<\/h4>\n<p>16.\u2014(1) Where a maintenance debtor is in the service of the State, a local authority for the purposes of the Local Government Act, 1941, a harbour authority within the meaning of the Harbours Act, 1946, F51[the Health Service Executive], F52[the Child and Family Agency,] F53[an education and training board,] or a committee of agriculture established by the Agriculture Act, 1931, or is a member of either House of the Oireachtas\u2014<\/p>\n<p>(a) in a case where a maintenance debtor in the service of the State is employed in a department, office, organisation, service, undertaking or other body, its chief officer (or such other officer as the Minister of State by whom the department, office, organisation, service, undertaking or other body is administered may from time to time designate) shall, for the purposes of this Act, be regarded as having the maintenance debtor in his employment,<\/p>\n<p>(b) in a case where a maintenance debtor is in the service of such an authority, board or committee, its chief officer shall, for the purposes of this Act, be regarded as having the maintenance debtor in his employment,<\/p>\n<p>(c) in any other case, where a maintenance debtor is paid out of the Central Fund or out of moneys provided by the Oireachtas, the Secretary of the Department of Finance (or such other officer of the Minister for Finance as that Minister may from time to time designate) shall, for the purposes of this Act, be regarded as having the maintenance debtor in his employment, and<\/p>\n<p>(d) any earnings of a maintenance debtor paid out of the Central Fund or out of moneys provided by the Oireachtas shall be regarded as paid by the chief officer referred to in paragraph (a) or (b), as the case may be, of this subsection, the Secretary of the Department of Finance or such other officer as may be designated under paragraph (a) or (c), as the case may be, of this subsection, as may be appropriate.<\/p>\n<p>(2) If any question arises in proceedings for or arising out of an attachment of earnings order as to what department, office, organisation, service, undertaking or other body a maintenance debtor in the service of the State is employed in for the purposes of this section, the question may be referred to and determined by the Minister for the Public Service, but that Minister shall not be under any obligation to consider a reference under this subsection unless it is made by the Court.<\/p>\n<p>(3) A document purporting to contain a determination of the Minister for the Public Service under subsection (2) of this section and to be signed by an officer of the Minister for the Public Service shall, in any such proceedings as are mentioned in that subsection, be admissible in evidence and be deemed, unless the contrary is shown, to contain an accurate statement of that determination.<\/p>\n<p>(4) In this section references to a maintenance debtor in the service of the State include references to a maintenance debtor to whom earnings are paid directly out of moneys provided by the Oireachtas.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F51<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 6 part 5, S.I. No. 887 of 2004.<\/p>\n<p>F52<br \/>\nInserted (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2 part 2 item 1, S.I. No. 502 of 2013.<\/p>\n<p>F53<br \/>\nSubstituted (1.07.2013) by Education and Training Boards Act 2013 (11\/2013), s. 72 and sch. 6 item 6, S.I. No. 211 of 2013.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E16<br \/>\nThe functions of the Minister for Public Service under subss. (2) and (3) were transferred to the Minister for Finance (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), art. 4(1)(a). These functions were further transferred from the Minister for Finance to the Minister for Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), art. 3(a) and sch. 1 part 2.<\/p>\n<h4>Discharge, variation and lapse of attachment of earnings order.<\/h4>\n<p>17.\u2014(1) The Court that made an attachment of earnings order may, if it thinks fit, on the application of the maintenance creditor, the maintenance debtor or the District Court clerk on whose application the order was made, make an order discharging or varying that order.<\/p>\n<p>(2) Where an order varying an attachment of earnings order is made under this section, the employer shall, if it has been served upon him, comply with it, but he shall be under no liability for non-compliance before ten days have elapsed since the service.<\/p>\n<p>(3) Where an employer affected by an attachment of earnings order ceases to have the maintenance debtor in his employment, the order shall, in so far as that employer is concerned, lapse (except as respects deductions from earnings paid after the cesser by that employer and payment to the person in whose favour the order was made of deductions from earnings made at any time by that employer).<\/p>\n<p>(4) The lapse of an order under subsection (3) of this section shall not prevent its remaining in force for other purposes.<\/p>\n<h4>Cesser of attachment of earnings order.<\/h4>\n<p>18.\u2014(1) An attachment of earnings order shall cease to have effect upon the discharge of the relevant antecedent order, except as regards payments under the attachment of earnings order in respect of any time before the date of the discharge.<\/p>\n<p>(2) Where an attachment of earnings order ceases to have effect, the clerk or registrar of the Court that made the order shall give notice of the cesser to the employer.<\/p>\n<h4>Provisions in relation to alternative remedies.<\/h4>\n<p>19.\u2014(1) Where an attachment of earnings order has been made, any proceedings commenced under section 8 (1) of the Enforcement of Court Orders Act, 1940, for the enforcement of the relevant antecedent order shall lapse and any warrant or order issued or made under that section in any such proceedings shall cease to have effect.<\/p>\n<p>(2) An attachment of earnings order shall cease to have effect upon the making of an order under section 8 (1) of the Enforcement of Court Orders Act, 1940, for the enforcement of the relevant antecedent order.<\/p>\n<h4>Enforcement.<\/h4>\n<p>20.\u2014(1) Where, without reasonable excuse, a person\u2014<\/p>\n<p>(a) fails to comply with subsection (1) or (2) of section 11 or section 14 or an order under section 13 or section 17 (2) of this Act, or<\/p>\n<p>(b) gives to a Court a statement pursuant to section 13 (1) of this Act, or a notification under section 14 of this Act, that is false or misleading,<\/p>\n<p>and a maintenance creditor as a result fails to obtain a sum of money due under an attachment of earnings order, that sum may be sued for as a simple contract debt in any court of competent jurisdiction by the maintenance creditor or the District Court clerk to whom such sum falls to be paid, and that court may order the person to pay to the person suing such amount (not exceeding the sum aforesaid) as in all the circumstances the court considers proper for distribution in such manner and in such amounts as the court may specify amongst the persons for whose benefit the attachment of earnings order was made.<\/p>\n<p>(2) Where a person gives to a Court\u2014<\/p>\n<p>(a) a statement pursuant to section 13 of this Act, or<\/p>\n<p>(b) a notification under section 14 of this Act,<\/p>\n<p>that is to his knowledge false or misleading, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding \u00a3200 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both.<\/p>\n<p>(3) A person who contravenes section 11 (3) of this Act shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding \u00a350.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E17<br \/>\nThe fine specified in subs. (2) was converted to a Class C fine (4.01.2011) by Fines Act 2010 (8\/2010), s. 6(2), S.I. No. 662 of 2010.<\/p>\n<p>E18<br \/>\nThe fine specified in subs. (3) was converted to a Class E fine (4.01.2011) by Fines Act 2010 (8\/2010), s. 8(2), S.I. No. 662 of 2010.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11455\" data-postid=\"11455\" class=\"themify_builder_content themify_builder_content-11455 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Special Procedures Prior to recent reforms of the enforcement of judgment legislation, maintenance was one of the few types of payment which could be secured by a simplified attachment of earnings order procedure. An application for attachment of the earnings of the maintenance debtor (payer) can be made summarily to the District Court Clerk to [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[105],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11455"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=11455"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11455\/revisions"}],"predecessor-version":[{"id":33012,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11455\/revisions\/33012"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=11455"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=11455"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=11455"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}