Dáil debates
Tuesday, 12 July 2011
Civil Law (Miscellaneous Provisions) Bill 2011 [Seanad]: Second Stage
The amendment empowers the District Court to regard as contempt of court failure by any individual to pay a maintenance order, which will result in the issuing of a summons forcing the person to appear before the District Court. If the judge is satisfied the failure to pay the maintenance order is not the fault of the debtor or is down to a genuine inability to pay, the judge has the ability to change the maintenance order. That is important because imprisonment for failure to pay should be a last resort. No one wins in that situation. The most important thing is that the person relying on a maintenance payment receives the money. Imprisonment is a last resort. The ability to change the maintenance order at the hearing can help.
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