Family Law Act 1995

Secured maintenance orders.

41

41.—Where, in proceedings under any other Act, the court or the District Court makes or has made an order providing for the payment—

(a) by a spouse to the other spouse of periodical payments for the support or maintenance of F55[that other spouse,]

(b) by a parent to the other parent or to another person specified in the order of periodical payments for the support or maintenance of a child—

(i) of both parents or adopted by both parents under the Adoption Acts, 1952 to 1991, or in relation to whom both parents are in loco parentis, or

(ii) of either parent or adopted by either parent under those Acts or in relation to whom either parent is in loco parentis where the other parent being aware that he or she is not the parent of the child has treated the child as a member F55[of the family, or]

F56[(c) by a cohabitant to a parent of the child, or to another person specified in the order, of periodical payments for the support of a child,]

the court by which the order was made may in those proceedings or subsequently, on application to it by any person having an interest in the proceedings, F55[order the person liable] to make the payments under the order to secure them to the other spouse or parent or the other person specified in the order to the satisfaction of the court.

Annotations

Amendments:

F55

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 90(a), (b) and (d), S.I. No. 12 of 2016.

F56

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 90(c), S.I. No. 12 of 2016.

Modifications (not altering text):

C12

References to adoptions etc. under the Adoption Acts 1952 to 1998 to be read as referring to adoptions etc. made under the Adoption Act 2010 as provided (1.11.2010) by Adoption Act 2010 (21/2010), s. 156(1), S.I. No. 511 of 2010.

References to adoptions, etc.

156.—(1) Every reference in any Act or in any instrument made under any Act, however expressed, to adoptions or adoption orders or adopted persons under any or all of the Adoption Acts 1952 to 1998 shall be read as a reference to adoptions or adoption orders made under this Act, or persons adopted under an adoption order made under this Act, as the case may be.

...

Editorial Notes:

E40

Certain gifts or inheritances taken by virtue or in consequence of orders referred to in subs. (a) are 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).

E41

Previous affecting provision: certain gifts or inheritances taken by virtue or in consequence of orders referred to in subs. (a) are 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).