Maintenance Court DIY
The maintenance court process is designed to promote the public’s access to justice and therefore you should be able to approach the court yourself. This maintenance court DIY information sheet is to help you navigate the maintenance court by yourself before approaching an attorney. You can off course approach an attorney at any point but if money is tight, (as is mostly the case in maintenance matters) the information below should at the very least save you a little bit of money in helping you bring an application yourself.
Documentation Required
- Birth certificate of your child/children.
- Your identity document and a certified copy thereof
- Proof of residence.
- Completed form A (J101).
- Proof of your monthly income and expenses. (See maintenance spreadsheet for an indication of proof of expenses)
- The personal details of the parent required to pay maintenance such as their name, surname physical and work address.
- Copy of your bank statement. (3 months)
Procedure
Download and complete application for maintenance form A (J101) and gather proof of your monthly income and expenses such as receipts for food purchases and electricity/rent bills along with your completed form.
Approach your local Magistrates Court. Go to the Maintenance Court area. Ask to speak to the maintenance clerk. The maintenance clerk will submit your forms to the maintenance office for review and issuing.
Once you have submitted your completed application form and your supporting documentation, you will then receive a reference number.
The court will serve a maintenance summons (a standard court letter instructing a person to come to court) on the respondent (the person against whom the claim is brought) to appear in court on a specific date to discuss the matter.
The maintenance officer will be in touch with you to inform you of your maintenance enquiry date. Put this date in your diary immediately as you will be expected to be at Court.
In the meantime, the magistrate will review the relevant documentation. He/she will then make an order, and may decide to do so without requiring the parties to appear in court.
If the responsible person doesn’t consent to the issuance of an order, he or she must appear in court, first for an informal enquiry to see if the parties can agree to an order based on the information available. If the parties cannot agree, the matter will be postponed for trial where evidence from both parties and their witnesses will be heard. At this point, it is advised to appoint an attorney if you can afford one.