D v D (No. 2) (Approved) [2023] IEHC 414 (14 July 2023)

D v D (No. 2) (Approved) [2023] IEHC 414 (14 July 2023)

Committal is refused because respondent's bankruptcy constitutes credible evidence of inability to pay, and applicant has not pursued other enforcement methods. Serious misconduct is present, but coercive purpose of contempt cannot be achieved given current financial circumstances.

Citation
[2023] IEHC 414
Parties
Applicant: D; Respondent: D(2)
Jurisdiction
Ireland
Judgment Date
14 July 2023
Procedural Posture
Judicial Separation and Family Law / Post Judgment Enforcement Application
Outcome
Application for committal refused
Legal Topics
Maintenance Enforcement, Bankruptcy Impact on Maintenance, Attachment and Committal, Variation of Maintenance, Transfer of Property
Family Law Civil Procedure Maintenance Enforcement Bankruptcy Impact on Maintenance Attachment and Committal Variation of Maintenance Transfer of Property

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Parties

D

Applicant

D(2)

Respondent

Procedural Posture

Judicial Separation and Family Law / Post Judgment Enforcement Application

Legal Issues

  1. 1 Whether respondent's non-compliance with maintenance and property transfer orders warrants attachment and committal
  2. 2 Effect of bankruptcy on enforcement of maintenance and lump sum orders
  3. 3 Proper procedure for variation of maintenance

Ratio Decidendi

Committal is refused because respondent's bankruptcy constitutes credible evidence of inability to pay, and applicant has not pursued other enforcement methods. Serious misconduct is present, but coercive purpose of contempt cannot be achieved given current financial circumstances.

Court Disposition

Application for committal refused

Orders

  • Application for attachment moot due to respondent's attendance
  • Application for committal refused