Written answers

Thursday, 26 November 2009

Department of Justice, Equality and Law Reform

Legislative Programme

5:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 165: To ask the Minister for Justice, Equality and Law Reform his plans to review the current legislation covering maintenance orders in view of the financial impact which it is having on persons who are unemployed and unable to meet such commitments; his further plans to introduce a mechanism to allow for a re-evaluation of the rates of payment based on the ability to pay; and if he will make a statement on the matter. [43533/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I assume the Deputy is referring to provisions in the law to permit variation of an order of the court to pay maintenance to a dependent spouse or children. There are already provisions in existing law under the Family Law (Maintenance of Spouses and Children) Act 1976, the Family Law Act 1995 and the Family Law (Divorce) Act 1996 to allow a maintenance creditor or a maintenance debtor to seek variation or discharge of an order when the financial circumstances change.

Separation and maintenance agreements made between parties also normally contain provision for variation of maintenance to allow for changes in financial circumstances.

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