Family Law (Maintenance of Spouses and Children) Act 1976
F25[Maintenance order (liability of cohabitant to other cohabitant in respect of child of other cohabitant)
5B. (1) This section applies to a cohabitant of a person (in this section referred to as the maintenance applicant) who is a parent of, or who is in loco parentis to, a dependent child who is under the age of 18 years where the cohabitant—
(a) is not the parent of the dependent child, and
(b) is a guardian of the dependent child appointed under section 6C of the Guardianship of Infants Act 1964.
(2) Subject to subsection (3) of this section, where it appears to the Court, on application to it by a maintenance applicant, that the applicant’s cohabitant has failed to provide such maintenance for a dependent child referred to in subsection (1) of this section as is proper in the circumstances, the Court may make an order (in this Act referred to as a maintenance order) that the cohabitant make to the maintenance applicant periodical payments, for the support of the child, for such period during the lifetime of the maintenance applicant, of such amount and at such times, as the Court may consider proper.
(3) The Court, in deciding whether to make a maintenance order under this section for the support of a dependent child referred to in subsection (1) of this section and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case and, in particular, in so far as is practicable, to the following matters—
(a) the income, earning capacity (if any), property and other financial resources of—
(i) the cohabitant,
(ii) the maintenance applicant,
(iii) the child, and
(iv) any other dependent children of the maintenance applicant or the cohabitant,
including income or benefits to which the maintenance applicant, the cohabitant, the child or such other dependent children are entitled by or under statute with the exception of a benefit or allowance or any increase in such benefit or allowance in respect of the child or other dependent children granted to either parent of any such children, and
(b) the financial and other responsibilities of the maintenance applicant and the cohabitant concerned towards—
(i) a spouse, civil partner or cohabitant,
(ii) the child, and
(iii) any other dependent children of the maintenance applicant or the cohabitant,
and the needs of such children, including the need for care and attention.]
Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 73, S.I. No. 12 of 2016.