This form is a summons used to ask the court to change or cancel an attachment of earnings order related to spousal or child maintenance under the Family Law (Maintenance Of Spouses And Children) Act, 1976. It should be used when circumstances have changed significantly since the original order was made.
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This form is a summons used to ask the court to change or cancel an attachment of earnings order related to spousal or child maintenance under the Family Law (Maintenance Of Spouses And Children) Act, 1976. It should be used when circumstances have changed significantly since the original order was made.
Plain English
If you're paying maintenance through your wages and need to change or stop these deductions, this form lets you formally ask the court to adjust the order. It's like asking the judge to reconsider how much money should be taken from your paycheck for spousal or child support.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Situation | Likely form | Why it matters | Check before you continue |
| Initial maintenance order application | Form 56 | Different process for first-time orders | Ensure you're applying for the correct type of order |
| Enforcement of existing order | Form 56.9 | For collecting unpaid maintenance | This is different from changing an existing order |
| Appeal a maintenance decision | Form 13 | For challenging court decisions | This form is for varying existing orders, not appeals |
| International maintenance enforcement | Form FL1 | For cross-border cases | Different procedures apply when parties live in different countries |
There is no strict deadline for filing this form, but it should be submitted as soon as circumstances change significantly. The court will set a hearing date after receiving your application.
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This form is current as of the latest update from the Courts Service of Ireland, but always check their website for any recent changes or updates.
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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8 things to watch for
Confusing this form with the initial maintenance application (Form 56)
Not understanding that current payments must continue until modified
Unclear about what constitutes 'material change' in circumstances
Confusion about which court has jurisdiction
Not knowing how to calculate new maintenance amounts
Uncertainty about whether to include child care expenses
Confusion about how to serve the summons on the other party
Not understanding the difference between varying and discharging an order
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