Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

PART 5

Maintenance of Civil Partner

43.

Interpretation.

43.— (1) In this Part—

“antecedent order” means—

( a) a maintenance order,

( b) a variation order,

( c) an interim order,

( d) an order under section 48 insofar as it is deemed under that section to be a maintenance order, or

( e) an order for maintenance pending suit under section 116 or a periodical payments order or secured periodical payments order under Part 12 ;

“attachment of earnings order” means an order under section 53 ;

“desertion” includes conduct on the part of one civil partner that results in the other civil partner, with just cause, leaving and living separately and apart from the first civil partner;

“earnings” means any sums payable to a person—

( a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service), and

( b) by way of pension or other like benefit in respect of employment (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment);

“interim order” means an order under section 47 ;

“maintenance creditor”, in relation to an order under this Part, or to proceedings arising out of the order, F9 [ means the person who ] applied for the order;

“maintenance debtor” means a person who is required by an order referred to in any of paragraphs (a) to (e) of the definition “antecedent order” to make payments;

“maintenance order” means an order under section 45 ;

“normal deduction rate” and “protected earnings rate” have the meanings respectively assigned to them in section 53;

“variation order” means an order under section 46 varying a maintenance order.

(2) Subject to section 59 , the relationship of employer and employee shall be regarded as subsisting between two persons if one of them as a principal and not as a servant or agent pays earnings to the other.

(3) References in this Part to a District Court clerk include references to his or her successor in the office of District Court clerk and to any person acting on his or her behalf.

Annotations:

Amendments:

F9

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 139, S.I. No. 12 of 2016.