Michael McGrath (Cork South Central, Fianna Fail)
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Question 315: To ask the Minister for Justice, Equality and Law Reform his position regarding the maintenance payments by fathers (details supplied). [13416/09]

Dermot Ahern (Louth, Fianna Fail)
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Section 9 of the Family Law (Maintenance of Spouses and Children) Act 1976 provides that, where any court makes a maintenance order under that Act, the court shall direct that payments under the order shall be made to a District Court clerk unless the maintenance creditor requests otherwise and the court considers that it would not be proper to so direct. Where payments to the District Court clerk are in arrear, the clerk shall, if requested to do so by the maintenance creditor, take such steps as the clerk considers reasonable to recover the sums in arrear whether by proceeding for an attachment of earnings order or otherwise.

Section 10 of the 1976 Act, as amended, provides for the making of an attachment of earnings order in the same proceedings in which a court makes either a maintenance order under that Act or a range of other orders including periodical payments orders on the occasion of divorce or judicial separation. I cannot comment on individual cases or on the operation of the law by the courts. However, I consider that substantial powers are available to enforce maintenance orders. Moreover, the procedures involved are of a summary nature and are designed to keep costs to a minimum.