Family Law (Maintenance of Spouses and Children) Act 1976
Number 11 of 1976
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976
REVISED
Updated to 4 May 2020
This Revised Act is an administrative consolidation of the Family Law (Maintenance of Spouses and Children) Act 1976. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, and all statutory instruments up to and including the Planning and Development Act 2000 (Subsection (4) of Section 251A) (No. 2) Order 2020 (S.I. No. 165 of 2020), made 8 May 2020, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 11 of 1976
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976
REVISED
Updated to 4 May 2020
ARRANGEMENT OF SECTIONS
Preliminary and General
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Section |
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Maintenance of Spouses and Dependent Children
Attachment of Earnings
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Power to determine whether particular payments are earnings. |
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Discharge, variation and lapse of attachment of earnings order. |
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Miscellaneous
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Amendment of Illegitimate Children (Affiliation Orders) Act, 1930, and Courts Act, 1971. |
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Acts Referred to |
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1930, No. 17 |
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1964, No. 7 |
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1974, No. 16 |
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1940, No. 23 |
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1941, No. 23 |
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1946, No. 9 |
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1930, No. 29 |
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1931, No. 8 |
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1957, No. 6 |
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1924, No. 10 |
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1971, No. 36 |
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1952, No. 25 |
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Married Women (Maintenance in case of Desertion) Act, 1886 |
1886, c. 52 |
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1954, No. 18 |
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Number 11 of 1976
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976
REVISED
Updated to 4 May 2020
AN ACT TO MAKE PROVISION FOR PERIODICAL PAYMENTS BY A SPOUSE FOR THE SUPPORT OF THE OTHER SPOUSE AND ANY DEPENDENT CHILDREN OF THE FAMILY OF THE SPOUSES IN CERTAIN CASES OF FAILURE BY THE SPOUSE TO PROVIDE REASONABLE MAINTENANCE, TO ENABLE PAYMENTS TO BE MADE BY AN EMPLOYER, BY DEDUCTIONS FROM AN EMPLOYEE’S EARNINGS, TO A PERSON ENTITLED UNDER CERTAIN COURT ORDERS TO PERIODIC PAYMENTS FOR MAINTENANCE FROM THE EMPLOYEE, TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID AND TO AMEND IN OTHER RESPECTS THE LAW RELATING TO PARENTS AND CHILDREN. [6th April, 1976]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Certain orders deemed to be orders made under Act (25.11.2019) by European Union (Hague Maintenance Convention) Regulations 2019 (S.I. No. 594 of 2019), reg. 14(4).
Enforcement in District Court of recognition order or declaration of enforceability
14. ...
(4) Where the District Court has jurisdiction to enforce an enforceable maintenance order that order shall be deemed to be an order, made on the date of the decision to which the enforceable maintenance order relates, of the District Court under section 5, 5A, 5B or 5C of the Act of 1976 as may be appropriate for the purposes of exercising that jurisdiction and an order for the purposes of —
(a) section 98(1) of the Defence Act 1954 (No. 18 of 1954), and
(b) subject to the Convention, the variation or discharge of that order under section 6 of the Act of 1976.
(5) The District Court has jurisdiction under this Regulation notwithstanding that an amount payable under an enforceable maintenance order exceeds the maximum amount the District Court has jurisdiction to award under an enactment referred to in paragraph (4).
...
C2
Application of Act modified (25.11.1995) by Maintenance Act 1994 (28/1994), s. 4(2)(a), S.I. No. 288 of 1995; as substituted (10.03.2012) by Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (7/2012), s. 2(1)(b), commenced on enactment.
Central Authority.
4. — ...
(2)[(a) For the purposes of section 8 of the Enforcement of Court Orders Act 1940 (as amended by section 63 of the Civil Law (Miscellaneous Provisions) Act 2011), the Acts of 1976, 1995, 1996 and 1998, the Brussels I Regulation, and the 2007 Lugano Convention, the Central Authority shall have authority to act on behalf of a maintenance creditor or of a claimant (as defined in section 13(1)), and references therein to a maintenance creditor or to such a claimant shall be construed as including references to that Authority.]
...
C3
Power of court to discharge order made under Act and continuance of orders under certain circumstances provided (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 26, commenced as per s. 1(2).
Orders under Acts of 1976, 1989 and 1995.
26.—(1) Where, while an order (“the first-mentioned order”), being—
(a) a maintenance order, an order varying a maintenance order, or an interim order under the Act of 1976,
...
is in force, an application is made to the court by a spouse to whom the first-mentioned order relates for an order granting a decree of divorce or an order under this Part, the court may by order discharge the first-mentioned order as on and from such date as may be specified in the order.
(2) Where, on the grant of a decree of divorce an order specified in subsection (1) is in force, it shall, unless it is discharged by an order under subsection (1), continue in force as if it were an order made under a corresponding provision of this Act and section 22 shall apply to it accordingly.
C4
Power of court to discharge order made under Act provided (1.08.1996) by Family Law Act 1995 (26/1995), s. 44, S.I. No. 46 of 1996.
Discharge of orders under Act of 1976
44.—Where, while a maintenance order, an order varying a maintenance order, or an interim order, under the Act of 1976 is in force, an application is made to the court by a spouse to whom the order aforesaid relates for an order granting a decree of judicial separation or an order under Part II or III, the court may by order discharge the order aforesaid under the Act of 1976 as on and from such date as may be specified in the order.
C5
Power of court to procure reports in family law proceedings prescribed (1.08.1996) by Family Law Act 1995 (26/1995), s. 47, S.I. No. 46 of 1996; as amended (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 52(p)(a), commenced as per s. 1(2); and amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 13, S.I. No. 887 of 2004.
Social reports in family law proceedings.
47.—(1) In proceedings to which this section applies, the court may, of its own motion or on application to it in that behalf by a party to the proceedings, by order give such directions as it thinks proper for the purpose of procuring a report in writing on any question affecting the welfare of a party to the proceedings or any other person to whom they relate from—
(a) such probation and welfare officer (within the meaning of the Child Abduction and Enforcement of Custody Orders Act, 1991) as the Minister for Justice may nominate,
[(b) such person nominated by the Health Service Executive specified in the order as the Health Service Executive may nominate, being a person who in its opinion is suitably qualified for the purpose, or]
(c) any other person specified in the order.
...
(6) [This section] applies to proceedings—
(b) under the Act of 1976,
...
C6
Venue in relation to certain jurisdictions of Circuit Court and District Court prescribed (12.05.1982) by Courts Act 1981 (11/1981), s. 16, commenced as per s. 33(3).
Venue in relation to certain jurisdictions of Circuit Court and District Court.
16.—(1) The jurisdiction under the Illegitimate Children (Affiliation Orders) Act, 1930, the Guardianship of Infants Act, 1964, the Family Law (Maintenance of Spouses and Children) Act, 1976, and section 5 of this Act conferred on the Circuit Court shall be exercised by the judge of the circuit where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.
(2) Notwithstanding anything contained in section 79 of the Courts of Justice Act, 1924, and, as respects proceedings under the Illegitimate Children (Affiliation Orders) Act, 1930, section 2 of the latter Act, proceedings under the latter Act, the Guardianship of Infants Act, 1964, and the Family Law (Maintenance of Spouses and Children) Act, 1976, may be brought, heard and determined before and by a justice of the District Court for the time being assigned to the District Court district where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.
Editorial Notes:
E1
Power granted to court, on an application under Domestic Violence Act 2018 and another application to do so, to make an order under this Act without the institution of fresh proceedings (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 15, S.I. No. 532 of 2018.
E2
Proceedings under Act included in definition of “family law proceedings” (1.01.2018) by Mediation Act 2017 (27/2017), s. 2(1), S.I. No. 591 of 2017.
E3
Services provided under Act included in definition of “health and personal social services” (23.12.2004) by Health Act 2004 (42/2004), s. 2 and sch. 1, S.I. No. 886 of 2004.
E4
Circuit Court is to be known as the Circuit Family Court when exercising its jurisdiction to hear and determine proceedings under Act as provided (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), ss. 30 and 31, commenced as per s. 46(2).
E5
Obligation imposed on Circuit Family Court to hear and determine proceedings under Act in different places or at different times or on different days from those on which the ordinary sittings of the Circuit Court are held (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), ss. 30 and 32, commenced as per s. 46(2).
E6
Conduct of proceedings under Act in Circuit and High Courts required to be informal (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), ss. 30 and 33, commenced as per s. 46(2).
E7
Conduct of proceedings under Act in District Court required to be informal (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 45, commenced as per s. 46(2).
E8
Previous affecting provisions: application of Act modified (25.11.1995) by Maintenance Act 1994 (28/1994), s. 4(2)(a), S.I. No. 288 of 1995; as amended (1.08.1996) by Family Law Act 1995 (26/1995), s. 45(b), S.I. No. 46 of 1996; and substituted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 53(b), commenced as per s. 1(2); and substituted (1.12.1999) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), s. 22(2), S.I. No. 353 of 1999; and substituted (1.03.2002) by European Communities (Civil and Commercial Judgment) Regulations 2002 (S.I. No. 52 of 2002), reg. 13(1)(b); and substituted as per C-note above.