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Calls for dedicated State service to pursue parents who fail to pay child maintenance

Support services for lone parents have pointed out that the adversarial and costly courts route is the only option available.

 THE GOVERNMENT HAS been urged to establish a dedicated child maintenance service which would remove the burden from lone parents in cases of non-payment. 

Support services for lone parents have pointed out that the only option available now if a liable parent refuses to pay maintenance is to pursue them through the courts.

They have said this process is adversarial, costly and time-consuming, but if parents want to receive certain State supports they have to show that they sought maintenance payments in the courts. 

A review group comprised of legal, policy and academic professionals as well as officials from the department of Social Protection and Justice submitted a review of the child maintenance system to Social Protection Minister Heather Humphreys in April.

The minister has yet to issue a response, but one of the three areas the group was tasked with considering was the establishment of a child maintenance service in Ireland.

Sinn Féin spokesperson on Social Protection Claire Kerrane has been urging the government such a service to support lone parents and their children. A similar service is already in place in Northern Ireland.

Speaking to The Journal, she said if was “disappointing” that the report submitted in April was not published before the Dáil recess.

“It’s been an issue for a long time and it causes great difficulty for lone parents,” she said.

The establishment of a child maintenance service is one of a number of recommendations made in a 2021 position paper by the National One Parent Family Alliance, which is made up of nine national organisations including Barnardos and the Children’s Rights Alliance.

The report noted that in Ireland child maintenance is seen largely as a personal, parental obligation and therefore a matter of private family law.

“There is no state agency with responsibility for child maintenance payments and pursuit of maintenance is left up to the claiming parent on behalf of their child,” it said.

“Where a maintenance agreement cannot be reached by parents privately, they are forced to seek maintenance through an adversarial, costly and time-consuming court system.”

A survey by One Family in 2016 on shared parenting found that the most common financial problem identified by respondents was non-existent or insufficient child maintenance payments.

The National One Parent Family Alliance has said processes in the courts are difficult to enforce, precipitate protracted and often hostile parental negotiation, contribute to poverty and have little regard to the safety of those who have been subjected to domestic abuse, violence, coercion and financial abuse. 

“From our work with families, we are aware that there is a significant rate of non-compliance with child maintenance orders significant delays in the courts system and a high cost involved in engaging a litigious route,” it said.

The organisation also pointed out that courts cannot issue summons for maintenance unless the custodial parent can provide an address for the non-custodial parent and this is not always known.

Although a bench warrant can be issued of the liable parent fails to appear at proceedings, the organisation said this is rarely acted upon as there is no prosecuting garda involved. 

It recommended the establishment of a statutory maintenance agency  to ensure State is responsible for assessment and enforcement. Where a parent cannot or does not pay, it said the State should ensure the maintenance is paid and recoup the funds later from the liable parent. 

The Northern Ireland service collects unpaid maintenance in a number of ways, including deducting money owned from earnings or a bank account.

The service can also take the liable parent to court to take action to recover unpaid maintenance, including an order that would prevent the sale of a property owned by the parent, or ultimately the forced sale of the property. If these methods fail the service can apply to have the parent disqualified from driving or to send them to prison.

Kerrane said the current system in Ireland is “messy” because the court system is not “the right environment” for these matters as there is a lack of consistency to the approach taken.

“It all depends on the judge of the day and on what they decide, and even then once its court-ordered it doesn’t guarantee payment,” she said. “It’s a very messy system and an unfair system at the moment.”

She said she is hopeful that the department will publish the report and announce its plans ahead of the September budget announcement so that measures to address the issue can be included in the government’s financial plans for next year.

Kerrane said the estimated cost of initial set-up and first year of operation for such a service is €2.5 million.

In response to a query from The Journal, Minister Humphreys’s department said she was giving the report “the careful consideration that such an important and complex issue deserves”. 

“Given that the report relates to a broad range of issues that are beyond the scope of the social welfare system, the minister is also consulting her government colleagues,” the department said. 

“Once the report has been fully considered, the Minister intends to bring it to Government, at which time a decision regarding the publication date will be made.”

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    Mute Eamonn Duggan
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    Mar 25th 2018, 7:58 AM

    Some improvement from 4 days and stops/hops.
    Aptly dubbed the kangaroo flight.

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    Mute Peter Cavey
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    Mar 25th 2018, 9:42 AM

    @Eamonn Duggan: although, just because they can fly non stop doesn’t mean they should. 17 hours stuck in a seat is almost too much to bare. I’d still break up the flight by stopping somewhere in Asia. Nice step forward all the same. I’d say in another 10 years it will be half that.

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    Mute Simon O Flaherty
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    Mar 25th 2018, 10:04 AM

    @Peter Cavey: With scram jet technology we should be able to travel from Sydney to London in 2hours. Although we might have to be fit enough to be able to withstand the G-forces involved. Looking forward to the next few years of this hypersonic test flights.

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    Mute Paul Power
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    Mar 25th 2018, 11:07 AM

    @Peter Cavey: how are they gonna half the time in 10 years ??

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    Mute Damien Mc Padden
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    Mar 25th 2018, 11:19 AM

    @Paul Power: With supersonic craft on a sub-orbital trajectory, akin to an ICBM.

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    Mute Michael Fehily
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    Mar 25th 2018, 8:28 PM

    @Eamonn Duggan: It is a big improvement on “4 stops”. However I’m sure you are of the Australian route these days is one of three from Ireland.
    1..Dublin – Doha- Australia ( various cities)…. Qatar Airways Daily.
    2…Dublin – Abu Dhabi – Australia ( various cities)…. Etihad Airways twice daily.
    3…Dublin -Dubai – Australia ( various cities) .. Emirates. Twice daily.
    All routes take 16 to 20 hours depending on destinations.
    I would suggest also the mid-east airlines are far superior to Australian carrier Qantas in terms of comfort and service.
    Brave route, but doubtful if it will last.

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    Mute Gareth Wogan
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    Mar 25th 2018, 7:55 AM

    That’s a long time to be stuck in recirculated farts. Wouldn’t do it meself but class that it can be done! I’m also wondering how many meals are served. 3/4?

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    Mute Gareth Wogan
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    Mar 25th 2018, 7:58 AM

    @Gareth Wogan: and tbh all the worthwhile places to see in Oz are on the east coast so….

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    Mute Bilbo Baggins
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    Mar 25th 2018, 11:28 AM

    @Gareth Wogan: lot to see in the west. Just depends what you consider ‘worthwhile’.

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    Mute Gareth Wogan
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    Mar 25th 2018, 2:00 PM

    @Bilbo Baggins: name 5 good things to do.

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    Mute darren
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    Mar 25th 2018, 2:00 PM

    @Gareth Wogan: Personally I prefer western Australia. It’s a shame most people tend to travel up and down the east coast.

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    Paul
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    Mute Paul
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    Mar 25th 2018, 2:04 PM

    @Gareth Wogan: I flew the Dubai – Auckland a couple years ago, 17.5hrs. Think we got 4 meals in economy. Surprisingly comfortable and a very modern, up to date entertainment system. Made the journey much easier than I thought.

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    Mute Gareth Wogan
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    Mar 25th 2018, 2:07 PM

    @darren: I was there few months back. I guess what I want to say is that for all that way to travel it doesn’t really have lots going on. Lots of wine tours and went to rottnest island which is cool but east coast has way more things to do. I should say that I really don’t like Oz anyway. Asia is the spot to go

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    Mute darren
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    Mar 25th 2018, 5:01 PM

    @Gareth Wogan: I went to WA via Thailand and wish I had stayed longer. WA actually made me want to return to Australia to see the east side ( I went via Japan and again wished I had stayed longer). Although I will agree the east has more to do I liked the west better. Rottnest.. beautiful walk, I did that in 45 degrees which wasn’t the smartest idea! Would love to see more of Asia but I may have to wait for the kids to grow up now.

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    Mute Gerry Fallon
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    Mar 25th 2018, 11:44 AM

    It’s about the same length of time as waiting in A&E in the hospital (17 hrs). so I could cope with That!

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    Mute Chris Kirk
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    Mar 25th 2018, 12:55 PM

    @Gerry Fallon: Very true, the A&E seats are not so comffortable and no food or drink provided.

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    Mute CharlotteFrench.ie
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    Mar 25th 2018, 8:14 AM

    17 hours is a long time to be stuck on a plane…I hope they show plenty of movies.

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    Mute Paul Furey
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    Mar 25th 2018, 9:08 AM

    @CharlotteFrench.ie: They have are normal long haul flights

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    Mute Nigel Kelleher
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    Mar 25th 2018, 10:58 AM

    Time in the air comfort is down to the plane and the carrier.
    787 Dreamliner is the quietest, most comfortable plane I’ve been on to date.
    Qantas air cabin crew are quite cheery too.
    If travelling for that length of time one would frequently get up and walk around. The 787
    has a load of space at the back, larger than any other plane I’ve seen. This feeds in to a happier crew
    and good exercise room for a passenger to ward off DVT.

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    Mute Karl Doran
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    Mar 25th 2018, 8:28 AM

    Tesla time to step up your game…

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    Mute Billy Connelly
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    Mar 25th 2018, 8:31 AM

    @Karl Doran: Putin has this sorted. Just need to strap yourself to one of his missiles

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    Mute Gisbert Bayertz
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    Mar 25th 2018, 10:21 AM

    I’d hate to be stuck on a plane for that length of time

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    Mute Alex Carroll
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    Mar 25th 2018, 9:29 AM

    A complete mare. 17 hours in cattle class on Quaintarse. Why would you do it. Insane!!!

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    Mute Chris Kirk
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    Mar 25th 2018, 12:57 PM

    @Alex Carroll: The novelty is the same as Concorde, without cconsidering the waiting time in airports.

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    Mute Irish big fellow
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    Mar 25th 2018, 9:43 AM

    Give us a break!

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    Mute Niall Finucane
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    Mar 25th 2018, 9:29 PM

    It’s not the first time, there were scheduled services before I believe using a B777-200LR (which to this day is still the longest range passenger aircraft excluding military tankers) Not sure which airline but I think it was quantas. They stopped it for a few reasons, as it was discovered that there’s only so long you can put people in economy. Then there was a brief period of business class only flights and in the end the fuel burn just made the whole thing uneconomic.. 787 fuel burn is probably what’s making this viable again.. anyone know if the 787-9 has longer legs than the triple?

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    Mute Stevie Doran
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    Mar 26th 2018, 1:22 AM

    Fair play, great to see this and will hopefully get faster in a few years time

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    Mute Michael Fehily
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    Mar 25th 2018, 8:37 PM

    It is a big improvement on “4 stops”. However I’m sure you are of the Australian route these days is one of three from Ireland.
    1..Dublin – Doha- Australia ( various cities)…. Qatar Airways Daily.
    2…Dublin – Abu Dhabi – Australia ( various cities)…. Etihad Airways twice daily.
    3…Dublin -Dubai – Australia ( various cities) .. Emirates. Twice daily.
    All routes take 16 to 20 hours depending on destinations.
    I would suggest also the mid-east airlines are far superior to Australian carrier Qantas in terms of comfort and service.
    Brave route, but doubtful if it will last for reasons above

    1
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