This form is a Summons used within Family Law matters in Ireland. It specifically relates to the Maintenance Of Spouses And Children Act, 1976. You use it when you need to change or completely end an existing Attachment of Earnings Order.
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This form is a Summons used within Family Law matters in Ireland. It specifically relates to the Maintenance Of Spouses And Children Act, 1976. You use it when you need to change or completely end an existing Attachment of Earnings Order.
Plain English
If someone has an order forcing them to have money taken directly from their wages (an Attachment of Earnings Order), this form lets you ask the Court to adjust that amount or cancel it entirely. Think of it as a formal request to change the rules about how much they must pay out of their salary.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Need to start a *new* Maintenance Order | Summons/Application Form (other) | Use this if you are starting from scratch, not changing an existing one. | Check form number first. |
| Want to vary the maintenance amount but keep the order active | Potentially another variation summons | This form is for general variation or discharge; check specific requirements. | Confirm if 'discharge' or 'vary' is your main goal. |
| Dealing with a CRO company matter (not family law) | Different Courts Service forms | If the issue relates to business payments, use the appropriate corporate form. | Ensure the context is Family Law. |
| Not sure which order it is attached to | Not confirmed in official source | You must identify the original Order number before filling out this summons. | Always reference the existing order. |
There is no strict universal deadline listed here, but submit it as soon as the change in circumstances occurs. Delays can mean you continue paying too much or too little.
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This form remains a standard document within the Courts Service of Ireland. It is used specifically for matters under the Family Law (Maintenance Of Spouses And Children) Act, 1976.
Agency: Courts Service of Ireland
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56.8 Summons To Vary Or Discharge Attachment Of Earnings Order - Family Law (Maintenance Of Spouses And Children) Act, 1976
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4 things to watch for
Confusing 'Vary' with 'Discharge': Vary means changing it (e.g., from €100 to €150); Discharge means ending it entirely.
Thinking you need a new order: You are filing this summons *to change* an old one, not necessarily starting brand new.
Not knowing who the 'Applicant' is: The person filling out and submitting this form is generally the Applicant seeking the change/discharge.
Filing it in the wrong court office: Ensure you file where the original order was made or where the debtor resides.
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