Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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47. To ask the Tánaiste and Minister for Social Protection if she will review cases where maintenance orders have been awarded by the courts and where these orders were not complied with; if she is aware that social protection payments have been reduced because of these orders and arrears of thousands of euros remain outstanding on unpaid maintenance; and if there are procedures in place where a social protection application can be reviewed because of non-payment of maintenance orders. [43083/15]

Joan Burton (Dublin West, Labour)
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The issue of maintenance payments is first and foremost a private matter for the person concerned, and if the matter cannot be resolved, for the courts through family law provisions.

If a court order for maintenance is not being complied with, it is possible to apply to the Court for an enforcement order. In the interim, if a social welfare payment is reduced on foot of a court order for maintenance and the Department subsequently receives proof of non– payment of this order, the rate of the social welfare payment can be reviewed and increased accordingly.

Under family law, it is possible to apply to the court for an Attachment of Earnings Order. Such an Order can be sought if the person is in employment, on a social welfare payment or on a private pension, resulting in the maintenance being deducted at the source. Under the Family Law Act 1995, it is possible to apply for this attachment at the initial maintenance hearing, if the person applying to court fears that there will be a default of maintenance.