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56.8  Summons To Vary Or Discharge Attachment Of Earnings Order - Family Law (Maintenance Of Spouses And Children) Act, 1976

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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Form Overview

56.8  Summons To Vary Or Discharge Attachment Of Earnings Order - Family Law (Maintenance Of Spouses And Children) Act, 1976

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.

The form captures details about the existing Attachment of Earnings Order. It also requires you to specify exactly how you want the order varied (changed) or discharged (ended).

Risk Radar

  • Do not forget to reference the original Attachment of Earnings Order number!
  • Failing to cite the original Attachment of Earnings Order number.
  • Vaguely stating whether you want to 'Vary' or 'Discharge'.
  • Not providing supporting documentation for the change request (e.g., new payslip).
  • Submitting the form to the wrong local court office.

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

  • 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.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • You need to officially change an existing Attachment of Earnings Order.
  • You want to completely end or discharge a current Attachment of Earnings Order.
  • The order relates specifically to maintenance payments for spouses or children.
  • This is the specific summons required under the 1976 Act.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Need to start a *new* Maintenance OrderSummons/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 activePotentially another variation summonsThis 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 formsIf the issue relates to business payments, use the appropriate corporate form.Ensure the context is Family Law.
Not sure which order it is attached toNot confirmed in official sourceYou must identify the original Order number before filling out this summons.Always reference the existing order.

Deadline or filing window

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.

Before you submit

  • All sections of Form 56.8 are completed clearly.
  • The date you are submitting the summons is accurately recorded.
  • You have referenced the existing Attachment of Earnings Order number.
  • Your full name and contact details (address, phone) are present.
  • You have specified whether you want to VARY or DISCHARGE the order.
  • If applicable, the specific reason for the change/discharge is detailed.
  • The required court fee payment information is noted.

How to file this form

  1. 1Complete all sections of Form 56.8 accurately.
  2. 2Sign and date the form where indicated.
  3. 3Attach copies of relevant documentation (e.g., the original order, proof of change in income).
  4. 4Submit the completed summons to the appropriate local District or Circuit Court office.
  5. 5If filing digitally through a portal, ensure you upload all supporting documents as required.

Known limitations

  • This form does not dictate the outcome; it only requests action from the court.
  • It is specific to maintenance orders under the 1976 Act; other family law matters need different forms.
  • The exact court fees payable are not confirmed in this source, so check the local registry.
  • Not confirmed in official source: It does not specify if it must be served personally or by post.

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Current Form Status

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

What changed or needs a fresh check

  • Verify the year of the Act cited (1976).
  • Check if there are any new required fields related to COVID-era protocols or digital submission.
  • Confirm the specific title wording: 'To Vary OR Discharge'.
  • Ensure the Courts Service branding/logo is current.
  • Not confirmed in official source (check for recent minor text changes).

Quick Facts

Either party involved in the maintenance order, or someone acting on their behalf (like a solicitor), needs to complete and submit this form.
The form captures details about the existing Attachment of Earnings Order. It also requires you to specify exactly how you want the order varied (changed) or discharged (ended).
Submit this when circumstances change, such as one party getting a pay rise, losing their job, or when maintenance payments are fully settled.
You submit this form to the relevant Court handling the original Family Law case. This can usually be done via the Courts Service of Ireland online portal or by posting it directly.
Submitting incorrectly means the court might not know what you want, causing delays in changing the order. Errors could also mean payments continue at the wrong rate.
First, fill in all personal details accurately. Next, clearly state whether you wish to 'Vary' or 'Discharge' the existing order. Finally, provide evidence supporting your request and sign the form before submitting it to the court.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

56.8  Summons To Vary Or Discharge Attachment Of Earnings Order - Family Law (Maintenance Of Spouses And Children) Act, 1976

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After you file

  • Keep a copy of the filed Form 56.8 for your records.
  • Obtain a stamped/filed copy from the Court Registry as proof of submission.
  • Track the court file reference number assigned to your summons.
  • Monitor the correspondence address provided on the form for updates.

Source and verification log

  • Issuing Agency: Courts Service of Ireland (COURTS)
  • Form Number: 56.8
  • Legal Basis: Family Law (Maintenance Of Spouses And Children) Act, 1976
  • Purpose: Summons to alter or cancel an existing Earnings Order.
  • Not confirmed in official source: Specific digital portal submission requirements.

Common confusion points

4 things to watch for

  • 1

    Confusing 'Vary' with 'Discharge': Vary means changing it (e.g., from €100 to €150); Discharge means ending it entirely.

  • 2

    Thinking you need a new order: You are filing this summons *to change* an old one, not necessarily starting brand new.

  • 3

    Not knowing who the 'Applicant' is: The person filling out and submitting this form is generally the Applicant seeking the change/discharge.

  • 4

    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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