Family Law Act 1995

Lump sum maintenance orders.

42

42.(1) Where, in proceedings under any other Act, an order providing for the periodical payments referred to in F57[paragraph (a), (b) or (c) of section 41] would, apart from this section, fall to be made, the court may in addition to, or instead of such an order, make an order providing for the making by the person concerned to the person concerned of a lump sum payment or lump sum payments of such amount or amounts and at such time or times as may be specified in the order.

(2) The amount or aggregate amount of a lump sum payment or of lump sum payments to a person under an order under this section shall be—

(a) if the order is instead of an order for the making of periodical payments to the person, such amount as the court considers appropriate having regard to the amount of the periodical payments that would have been made, and the periods during which and the times at which they would have been made, but for this section, and

(b) if the first-mentioned order is in addition to an order for the making of periodical payments to the person, such amount as the court considers appropriate having regard to the amount of the periodical payments and the periods during which and the times at which they will be made.

F58[(2A) Where the court makes an order under subsection (1) that is for the benefit of a child, the court may specify in the order the manner in which, or purpose for which, the payment or payments referred to in that subsection are to be applied, including in providing suitable accommodation for the child to whom the order relates.]

(3) In this section “the court” includes the District Court.

(4) The amount or aggregate amount of a lump sum payment or of lump sum payments provided for in an order of the District Court under this section shall not exceed F59[15,000.]

Annotations

Amendments:

F57

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 91(a), S.I. No. 12 of 2016.

F58

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 91(b), S.I. No. 12 of 2016.

F59

Substituted (3.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 15 and sch. pt. 2 item 10, S.I. No. 566 of 2013.

Editorial Notes:

E42

Certain gifts or inheritances taken by virtue or in consequence of orders made under subs. (1) exempted from capital acquisitions tax (21.02.2003) by Capital Acquisitions Tax Consolidation Act 2003 (1/2003), s. 88(1) and (2)(c), commenced on enactment; as substituted (1.01.2011) by Finance (No. 3) Act 2011 (18/2011), s. 3 and sch. 3 item 21, commenced as per s. 5(8)(e).

E43

Previous affecting provision: subs. (4) amended by Courts and Court Officers Act 2002 (15/2002), s. 14 and sch. 2 part 2, not commenced; repealed (23.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 2(1), S.I. No. 566 of 2013.

E44

Previous affecting provision: certain gifts or inheritances taken by virtue or in consequence of orders made under subs. (1) exempted from capital acquisitions tax (10.05.1997) by Finance Act 1997 (22/1997), s. 142(1) and (2)(c), commenced on enactment; superseded (21.02.2003) by Capital Acquisitions Tax Consolidation Act 2003 (1/2003), s. 88(1) and (2)(c), commenced on enactment; as substituted (1.01.2011) by Finance (No. 3) Act 2011 (18/2011), s. 3 and sch. 3 item 21, commenced as per s. 5(8)(e).