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A maintenance order can be got to obtain financial support for you and your children. In order to get maintenance you must prove that your spouse/partner has not been giving you enough money to support you and your children. Both you and your spouse/partner will be asked to give evidence about your incomes. You do not have to be living apart and you do not have to be intending to separate. The judge will when make an order of maintenance.

If your partner fails to pay your maintenance, the court can make an Attachment of Earnings which means that the money due to you will be paid by your spouse/partners employer straight out of his earnings. If your spouse/partner is unemployed, it is important that you apply for maintenance. This maintenance order, even if it is a nil maintenance order, is vital when you apply for social welfare.

NOTE:

• If your maintenance is not paid you go to your community welfare officer at you local health Centre. Also, bring along your maintenance order with you.
• You should always inform the courts if your order has been broken.
• After 3 months, if you have not received any maintenance you are entitled to apply for One Parent Family Payment.
• If you have a maintenance order and you are claiming social welfare you are obliged to sign over your maintenance to the social welfare department, if your maintenance is less than that on the social welfare you will receive the full amount on your social welfare.
• If you are Co-habiting you are not entitled to claim maintenance for yourself but you can claim for your children by that relationship.