Family Law (Maintenance of Spouses and Children) Act 1976
Interim order.
7.—On an application to the Court for a maintenance order, the Court, before deciding whether to make or refuse to make the order, may, if it appears to the Court proper to do so having regard to the needs of the persons for whose support the maintenance order is sought and the other circumstances of the case, make an order (in this Act referred to as an interim order) for the payment to the applicant by the maintenance debtor, for a definite period specified in the order or until the application is adjudicated upon by the Court, of such periodical sum as, in the opinion of the Court, is proper.
Annotations
Modifications (not altering text):
C29
Application of section modified (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 24, commenced as per s. 1(2).
Method of making payments under certain orders.
24.—(1) The court may by order provide that a payment under an order to which this section applies shall be made by such method as is specified in the order and be subject to such terms and conditions as it considers appropriate and so specifies.
(2) This section applies to an order under— ...
(b) section 5, 5A or 7 of the Act of 1976,
...
C30
Application of section modified (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 25, commenced as per s. 1(2).
Stay on certain orders the subject of appeal.
25.—Where an appeal is brought from an order under— ...
(b) section 5, 5A or 7 of the Act of 1976,
...
the operation of the order shall not be stayed unless the court that made the order or to which the appeal is brought directs otherwise.
C31
Application of section extended (27.03.1996) by Domestic Violence Act 1996 (1/1996), s. 9, commenced as per s. 25(1).
Hearing of applications under various Acts together.
9.—(1) Where an application is made to the court for an order under this Act, the court may, on application to it in the same proceedings and without the institution of proceedings under the Act concerned, if it appears to the court to be proper to do so, make one or more of the orders referred to in subsection (2).
(2) The provisions to which subsection (1)relates are as follows, that is to say: ...
(b) an order under section 5, 5A, 6, 7 or 21A of the Family Law (Maintenance of Spouses and Children) Act, 1976 (as amended by the Status of Children Act, 1987);
...
C32
Application of section extended (25.11.1995) by Maintenance Act 1994 (28/1994), s. 14(4), S.I. No. 288 of 1995; as substituted (1.08.1996) by Family Law Act 1995 (26/1995), s. 45(c)(iii), S.I. No. 46 of 1996.
Application for maintenance from designated jurisdiction
14. — ...
(4) The court, on an application to it under subsection (1)(c) may, subject to subsection (5)—
...
[(e) pending the final determination of the application, make an interim order under section 7 of the Act of 1976 or an order under section 24 of the Act of 1995.]
...
C33
Application of section extended (14.06.1988) by Status of Children Act 1987 (26/1987), s. 24(1), commenced as per s. 1(2)(b).
Amendment of Defence Act, 1954.
24.—(1) The reference in section 98 (1)(d) of the Defence Act, 1954 , to an order made by a civil court under section 3, 6 or 7 of the Illegitimate Children (Affiliation Orders) Act, 1930, shall be construed as a reference to an order under section 5A, 6, 7 or 21A of the Act of 1976 (as amended by this Part) or an order under section 8A (inserted by this Part) of the Act of 1976 (in so far as it is deemed under that section to be a maintenance order).
...
Editorial Notes:
E14
Previous affecting provision: power of court to discharge order made under section provided (19.10.1989) by Judicial Separation and Family Law Act 1989 (6/1989), s. 39, commenced as per s. 46(2); repealed (1.08.1996) by Family Law Act 1995 (26/1995), s. 3(1) and sch., S.I. No. 46 of 1996, subject to transitional provisions in s. 3(2).