Written answers

Wednesday, 28 April 2010

Department of Justice, Equality and Law Reform

Maintenance Payments

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)
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Question 163: To ask the Minister for Justice, Equality and Law Reform when he will sign the new regulations to enable arrears of maintenance payment to be enforced; if he is satisfied that these regulations are sufficient to enable arrears to be enforced; and if not, if he has any contingency plan. [17089/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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There are a number of provisions in the law for ensuring that payments continue to be made by spouses in support of their dependent spouses and children. They include enabling powers for the courts to order attachment of the earnings of a debtor spouse, to order the securing of payments to the maintenance creditor, to order the payment of lump sums and to order arrears of maintenance to be paid by instalments.

While the law generally operates effectively in this area, I am aware of difficulties in some cases because of the effect of a judgment of the High Court last year relating to the Enforcement of Court Orders Act 1940. The Enforcement of Court Orders (Amendment) Act 2009 made changes to sections 6 (imprisonment in the case of non-payment of debt) and 8 (imprisonment relating to non-payment of maintenance) of the 1940 Act consequent on that judgment in accordance with legal advice. I can advise the Deputy that I am currently in consultation with the Attorney General with a view to developing early proposals for amendments in respect of maintenance enforcement.

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