We recover them.
We recover them.
Child Maintenance Arrears
Child maintenance arrears refer to overdue or unpaid child support payments that a parent (the “paying parent”) has failed to make, as required by a court order or a legally binding agreement. These arrears accumulate when the paying parent does not meet their financial obligations to support their child, either in full, on time, or at all.
Key Causes of Child Maintenance Arrears
- Non-Payment: The paying parent stops making payments entirely.
- Partial Payment: Paying less than the agreed/ordered amount.
- Late Payments: Missing deadlines consistently.
- Failure to Update Orders: Not adjusting payments after a change in circumstances (e.g., job loss, income reduction).
- Disputes: Conflicts over custody, visitation, or the validity of the order.
How Arrears Are Addressed In Ireland
Under Irish law, unpaid child maintenance can be enforced through:
- Attachment of Earnings Order: Deducting payments directly from the paying parent’s wages.
- Judgment Mortgage: Securing arrears against the paying parent’s property.
- Committal Proceedings: Court fines or imprisonment (in extreme cases of refusal to pay).
- Tax Refund Interception: Redirecting the paying parent’s tax refunds to cover arrears.
What Parents Should Know
For the Receiving Parent:
- You have a legal right to claim unpaid maintenance, even if arrears have built up over years.
- Keep detailed records of missed payments (dates, amounts owed).
- Apply to the District or Circuit Court for enforcement.
For the Paying Parent:
- Arrears cannot be unilaterally “written off”—you must apply to court to vary the order if you cannot pay.
- Ignoring arrears may lead to severe penalties, including asset seizure or imprisonment.
Steps To Resolve Child Maintenance Arrears
- Negotiate: This can help the parties to agree on a repayment plan.
- Apply for Enforcement: The receiving parent can file an application for a court order to recover arrears.
- Seek a Variation: If the paying parent cannot pay, they must request a formal adjustment to the order.
Example Scenario
John owes €5,000 in arrears after losing his job. Instead of ignoring payments, he applies to court to reduce his monthly obligation temporarily. The court approves a lower payment and creates a repayment schedule for the arrears.
Why Act Quickly?
- Interest: Courts may add interest to unpaid amounts.
- Credit Impact: Arrears can harm the paying parent’s credit rating.
- Legal Costs: Delays often increase legal fees for both parties.
FAQs: Child Maintenance Arrears
Why Choose Canning & Co. Solicitors?
- Child-First Approach: We prioritise your child’s well-being in every decision.
- Enforcement Success: 95% of our cases secure regular payments through legal tools.
- Transparent Advice: Clear explanations of your rights and realistic outcomes.