Maintenance Family Law Ireland

Blanchardstown, Castleknock, 27 Upper Mount Street, Dublin City Centre

Maintenance Family Law Ireland

There is a legal responsibility on all parents, whether married or unmarried, to maintain dependent children.

Primarily in recent years the focus has been on maintenance for children as there has been a societal move towards independence and clean break of spouses where this can be achieved with other equitable division of finances.

The legal responsibility however on spouses/civil partners to maintain each other in accordance with their means still continues.

Both spousal maintenance and maintenance for children can be paid periodically (i.e., weekly, fortnightly or monthly) or in a lump sum.

Parties can make formal or informal agreements regarding maintenance. This can work well where both parties are reasonable and fair – but it is difficult to assess informally how much maintenance should be paid unless both parties fully disclose their financial situation.

Maintenance can form an important part of financial settlement, and it can be agreed in solicitor led negotiation or in mediation, or determined by Courts in the alternative. Each party must disclose their finances to the court and the judge will consider all of the family’s circumstances when making a maintenance order or an order as part of a divorce or judicial separation order.

Maintenance can be a complicated issue. The best advice is to seek out family law advices early so that you can control your case thoroughly and properly before any financial decisions are made.

Maintenance Ireland FAQs

How to claim spousal maintenance
Spousal maintenance can be a stand alone issue or it can be undertaken as part of a broader resolution of all of the issues arising on seperation or divorce.

Agreement can be reached on a direct basis, a mediator led settlement, or a lawyer-led settlement. In default of Agreement the Courts can determine maintenance.

It will be necessary to particularise your specific income and outgoing needs in a detailed schedule. The court will want to ensure that you are maximising your earning capacity and in settlement discussions transparency is important.

Resolution of maintenance issues, can be broader than periodical maintenance, for example, if one spouse were to hold significant capital, the court can effectively capitalise spousal maintenance and deal with upfront lump-sum payments or periodical payments instead of ongoing spousal maintenance. How the courts deal with maintenance can vary from Court to Court and Judge to Judge, and decisions can be varied and are not always consistent as each case will be determined on its individual facts.

Can maintenance be varied or changed in the future?
It is important to note that spousal maintenance is variable. Either party can apply to the court for an upwards or downwards variation, subject to a specific change in circumstances. 
We were not married, can I claim maintenance against my former partner?
Under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, a financially dependent qualified cohabitant may be able to apply to the courts for a maintenance order if the relationship ends.

Child Maintenance Ireland FAQs

How much should be paid to child maintenance in Ireland?

Spouses are also required to maintain each other having regard to their means and needs. A spouse can apply for child maintenance payments even if living with the other spouse.

All parents, married or unmarried, have a duty to maintain dependent children.

Sometimes, a person other than the parent may seek maintenance such as a relative taking care of a dependent child who is a legal guardian, or social worker if the child is in the care of the H.S.E.

For the spouse, age, income, and ability to take up employment will be considered for maintenance purposes.

The District Court can only award up to €500.00 per week to a spouse and €150.00 per child per week. If a spouse wants to get more than these amounts they must apply to the Circuit Court. Maintenance payments in Ireland can be paid on a fixed regular basis payments or in a lump sum, it can also be ordered to be paid through the Courts or directly to the parties.

Both the District and Circuit Court can make lump sum orders for maintenance although, at present, the District Court cannot make an order for more than €6,349.00

The amount of child maintenance to be paid varies from case to case depending upon your individual circumstances and individual legal advice including an assessment of the parties’ means is needed to advise fully.

Can child maintenance Ireland be deducted directly from my salary?

Yes, it can. If a spouse fails to do child maintenance payments in Ireland, an Attachment of Earnings Order can be sought from the court if the person is employed. Similarly, an Attachment of Earnings Order can be sought from persons on social welfare or on a private pension. In such circumstances, the employer or organisation that pays the spouse can be ordered to deduct maintenance for children from the salary or social welfare or pension payment.

Can child maintenance Ireland be enforced?

The Court can make an Attachment of Earnings Order as set out above.

In addition, an enforcement order for arrears of child maintenance payments in Ireland can be brought. In certain circumstances, the Court can order for the arrest of a defaulting person.

I lost my job. Can the amount of my child maintenance payments be changed?

Yes. Maintenance for children can be reviewed by the Court if there is a change in circumstances.

The law acknowledges that circumstances change over time.  Maintenance payments in Ireland can be decreased, discharged and similarly, it can be increased depending upon the change in circumstances.

Your Expert Child Maintenance Claims Legal Team in Dublin.

At Carmody Moran Solicitors in Dublin City Centre our experienced family law lawyers are on hand to advise and skilled in handling all nature of child maintenance.

The two partners of Carmody Moran Solicitors in Dublin have a combined total of in excess of twenty five years professional legal experience. Together with their associates they aim to make the Court process as straight forward and navigable as possible while being on hand to alleviate their clients concerns and worries about going through the Court process.


Anthony Carmody


Anthony Carmody is one of the founding Partners of Carmody Moran Solicitors.

He has significant experience in personal injury cases and general litigation having handled literally thousands of cases on behalf of clients based in Ireland and abroad.


Niamh Moran


Niamh Moran is one of the founding partners of Carmody Moran Solicitors and is a solicitor with wide ranging experience across all areas of general practice.

Niamh manages the family lawconveyancing in Dublin, and probate divisions of the practice. Niamh’s practice of law is extremely varied and she is regularly sought out for her expertise by clients and colleagues alike.

*While we have made every effort to provide accurate information, the law is always changing and it affects each person differently. This information is not a substitute for specific advice about you personally and it is not intended as legal advice. We will not be liable to you if you rely on this information. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.

You should note that no solicitor/client relationship or duty of care or liability of any nature shall exist or be deemed to exist between Carmody Moran Solicitors and you until you have received a written letter of engagement from us in which we confirm our appointment as your Solicitors.

Sergey Sk
Sergey Sk
I was looking for a family law consultation and asked Carmody Moran for one. Unfortunately, they didn't have the capacity, but at least they were nice enough to call me back and reply by email.So the very least you can expect from these specialists is the right attitude (unlike from many others out there on the market), but likely a lot more!
Madeleine N
Madeleine N
We recently engaged Carmody Moran Solicitors for the purchase of our home, on receiving a recommendation for Caila Ryan specifically. Caila and the team were a pleasure to deal with. Caila was incredibly responsive, efficient and diligent throughout the process. As first time buyers, Caila explained all steps clearly and concisely to us, which eased our stress. Caila and the team went above and beyond for us - and accommodated ad hoc meetings when required. We highly recommend Caila and the team at Carmody Moran.
Aditya Labhe
Aditya Labhe
Caila was nothing but helpful throughout the process of me buying a new apartment. She is diligent, helpful and has great attention to detail. She was patient with me with all the questions and ensured the process was as through as possible from all the legalities stand point. A true champion for her clients. I have no hesitation recommending her.
Jodie Osullivan
Jodie Osullivan
I had an absolutely fantastic experience with my solicitor! Their hard work and dedication were truly impressive. They went above and beyond to help me with my legal matters. I couldn't have asked for a better advocate. Highly recommended!
Very professional experienced solicitors and legal team in Blanchardstown Dublin 15. Anthony Carmody and Niamh Moran run a friendly and efficient practice, supported by a great legal practice team. From commercial to property law, both residential or commercial Conveyancing in Dublin to Estate Planning or Litigation and Family Law, this legal firm ranks as one of the best legal firms in the area. I found Anthony to be very astute and knowledgeable in our discussions about Litigation. His legal advice made me rethink my actions and helped me settle an issue without any unnecessary actions or outlays.
I recently engaged with Carmody Moran Solicitors for the purchase of my new home. Caila and team were incredibly helpful throughout the whole process, ensuring I was kept up to date and promptly responded to any queries I had raised. I was particularly impressed at how diligent and efficient Caila was in ensuring the purchase went as smooth as possible. Would highly recommend them for their Legal services.
Aedamar O'Toole
Aedamar O'Toole
Carmody Moran Solicitors exceeded all expectations as a Solicitor. Caila was an absolute pleasure to deal with from start to finish. She is exceptionally professional, organised and responsive. We needed her service in buying a house. She made sure that we were in the best position to make the transaction and was extremely thorough and intelligent in her work. She helped us secure the house before another interest rate hike. She went above and beyond as a solicitor and I couldn’t recommend her enough!
Louise O'Dwyer
Louise O'Dwyer
I recently had the pleasure of engaging Carmody Moran Solicitors for the purchase of my new home. I found Caila and the team to be extremely professional, efficient and they kept the whole process moving along smoothly at all times. Everything was explained to me at each stage in the process in a clear and concise manner. I would highly recommend Carmody Moran Solicitors to anyone for quality legal services.
Luke Ivers
Luke Ivers
Caila at carmody Moran is an absolute pleasure to deal with. Always attentive and always keeping you update. Caila took a lot of the stress out of the leg work having everything ready and constantly in contact with us. Would recommend Carmody Moran to anyone. They're all lovely to deal with and so helpful.
John Corr
John Corr
We recently engaged with Carmody Moran Solicitors for a property purchase. From start to finish I found their service to be highly efficient and accommodating at all times . Caila in their office was very pleasant to deal with . I would highly recommend them to anyone in the future.
Laura Butler
Laura Butler
Absolutely fantastic, I would highly recommend. Prompt responses, clear and helpful communication, very diligent, and absolutely lovely to deal with. Caila is a star. Even my estate agent was full of praise!
Aileen Power
Aileen Power
Carmody Moran recently helped me with the sale of my home. Niamh, Caila and all the team were fantastic to deal with from start to finish. They explained everything so clearly, were extremely professional, efficient and always responded promptly. On top of that they were just such a friendly group of people to deal with. I would highly recommend them.
The client service was really great. Understanding, easy to deal with and reactive
Joe Marsh
Joe Marsh
We recently closed on a first time house purchase and we were very pleased with how the whole process was handled at Carmody Moran. They always responded clearly and promptly to the many queries I had along the way and were on the ball with following up issues with the sellers solicitors to keep the process moving.The reason I went with them originally over other options was because they gave a very clear breakdown for the charges and the quoted price we were given was transparent and easy to understand compared to other quotes I received.I will definitely use them again if the need arises and recommend them to my friends and family.
Kenneth Ohaa
Kenneth Ohaa
I got the keys to my new house a few weeks back. I cannot recommend Carmody Moran Solicitors highly enough. It was a bit lengthy as I was buying and selling at the same time. In such cases you need experienced and competent solicitors such as Carmody Moran Solicitors.Stephanie and Helen were a pleasure to work with. Very transparent and communicative. Also occasionally dealt with Lucy and Caila. They were brilliant as well.I would like to say Thank you to the entire Carmody Moran team.Kenneth
Salt Almighty
Salt Almighty
I needed a solicitor to arrange a mortgage, and they went above and beyond to help me !I would advise them to anyone
Andrew Grime
Andrew Grime
My partner and I recently made the acquisition of our first home and it was a lengthy and difficult process, due to the fact we were buying from a receiver.In such difficult cases, you will need a legal representation as competent and professional as Carmody Moran Solicitors on your side.We were primarily dealing with Stephanie who gave us regular updates, helped us understand what is happening and what to do. We felt our interest always came first which made every appointment with her something we looked forward to.We were also occasionally in contact with Lucy, Niamh and other brilliant members of the firm, all of whom provided an excellent level of support and knowledge in Stephanie's absence.I couldn't recommend Carmody Moran enough. I would like to give a heartfelt thank-you on behalf of myself and my partner to every one involved at the firm who helped us make our dream a reality. We will not hesitate to call upon your services again should the occasion arise.Andrew.
I would highly recommend Carmody Moran Solicitors. Niamh Moran and her team helped and supported me through the sale of my home. The transaction was dealt with efficiently and quickly. Every step was clearly explained from the Sale Questionnaire, Contract for Sale to Completion.
We just got the keys to our dream home 🏡 special thanks to Stephanie,Helen,Caila and Carmody Moran team.All the girls are very friendly and helpful.Stephanie was a pleasure to have you as our solicitor.Highly recommend!
We've just got the keys to our dream home and Carmody Moran has helped us with all the legal work. We've been dealing with Stephanie and Helen and they both have been great: friendly, professional and communicative. The whole process can be intimidating at times, but they've made sure to make it as easy as possible for us. They've represented us well. Highly recommended.
ciara daly
ciara daly
Anthony and his team went above and beyond for me, everything was always looked after and I was constantly kept in the loop for my RTA case. From phone calls to emails to dealing with insurers. Gave me great peace of mind that I chose the right solicitor and Anthony himself is a gentleman. I would highly recommend Carmody Moran Solicitors.
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