Family Law (Maintenance of Spouses and Children) Act 1976

5A

F21[Maintenance order (provision for certain dependent children).

5A.(1) Subject to subsection (3) of this section, where, in respect of a dependent child F22[whose parents are not married to each other and are not civil partners of each other], it appears to the Court on application to it by either parent of the child that the other parent has failed to provide such maintenance for the child as is proper in the circumstances, the Court may make an order (in this Act referred to as amaintenance order) that the other parent make to the applicant parent periodical payments, for the support of the child as aforesaid, for such period during the lifetime of the applicant parent, of such amount and at such times, as the Court may consider proper.

(2) Subject to subsections (3) and (4) of this section, where in respect of a dependent child F22[whose parents are not married to each other and are not civil partners of each other] it appears to the Court, on application to it by any person other than a parent, that a parent of the child (not being a child who is being fully maintained by the other parent) has failed to provide such maintenance for the child as is proper in the circumstances, the Court may make an order (in this Act referred to as a maintenance order) that the parent make to that person periodical payments for the support of the child for such period during the lifetime of that person, 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 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, to the following matters

(a) the income, earning capacity (if any), property and other financial resources of

(i) each parent,

(ii) the dependent child in respect of whom the order is sought, and

(iii) any other dependent children of either parent,

including income or benefits to which either parent, the dependent child as aforesaid or such other dependent children are entitled by or under statute F23[with the exception of a benefit or allowance or any increase in such benefit or allowance in respect of any dependent children granted to either parent of such children], and

(b) the financial and other responsibilities of each parent towards

F24[(i) a spouse or a civil partner,]

(ii) the dependent child in respect of whom the order is sought, and

(iii) any other dependent children of either parent,

and the needs of any dependent child as aforesaid or of any such other dependent children, including the need for care and attention.

(4) The Court shall not make a maintenance order under subsection (2) of this section in relation to a parent of a dependent child if a maintenance order under subsection (1) of this section requiring that parent to make periodical payments for the support of the child is in force or that parent has made provision for the child by an agreement under which, at or after the time of the hearing of the application for the order under the said subsection (2), payments fall to be made and in relation to which an order under section 8A of this Act has been made unless

(a) the parent is not complying with the order under the said subsection (1) or the agreement, as the case may be, and

(b) the Court, having regard to all the circumstances, thinks it proper to do so,

but, if the Court makes the order under the said subsection (2), any amounts falling due for payment under the order under the said subsection (1) or the agreement, as the case may be, on or after the date of the making of the order under the said subsection (2) shall not be payable.]

Annotations

Amendments:

F21

Inserted (14.06.1988) by Status of Children Act 1987 (26/1987), s. 18, commenced as per s. 1(2)(b).

F22

Substituted (4.05.2020) by Children and Family Relationships Act 2015 (9/2015), s. 72(a), S.I. No. 624 of 2019.

F23

Inserted (29.11.1990) by Social Welfare Act 1989 (4/1989), s. 13(1)(c), S.I. No. 273 of 1990.

F24

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 72(b), S.I. No. 12 of 2016.

Modifications (not altering text):

C18

Application of section extended (18.06.2011) by European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011), reg. 10(2) and (6), in effect as per reg. 1(2).

Enforcement of enforceable maintenance orders given in a Member State not bound by the 2007 Hague Protocol

10. ...

(2) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of—

(a) paragraph (1),

(b) section 98(1) (as amended by section 30(1) of the Act of 1976) of the Defence Act 1954 (No. 18 of 1954), and

(c) subject to the Maintenance Regulation, the variation or discharge of that order under section 6 (as amended by section 43(b) of the Act of 1995) of the Act of 1976,

to be an order made by the District Court under section 5, 5A (inserted by section 18 of the Act of 1987) or 21A (inserted by section 21 of the Act of 1987) of the Act of 1976, as may be appropriate.

...

(6) Subject to paragraphs (3) to (5) of Regulation 9, the following shall be regarded as being payable pursuant to an order made under section 5, 5A (inserted by section 18 of the Act of 1987), or 21A (inserted by section 21 of the Act of 1987) of the Act of 1976—

(a) any sum payable under an enforceable maintenance order but not paid before the relevant enforcement order was made;

(b) any costs of or incidental to the application for the enforcement order that are payable under Regulation 14(2).

...

C19

Application of section extended (1.03.2002) by European Communities (Civil and Commercial Judgment) Regulations 2002 (S.I. No. 52 of 2002), reg. 6(3) and (7), in effect as per reg. 2.

Enforcement of enforceable maintenance orders

6. ...

(3) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of —

(a) paragraph (1),

(b) section 98(1) of the Defence Act 1954 ( No. 18 of 1954 ), and

(c) subject to the Brussels I Regulation, the variation or discharge of that order under section 6 (as amended by the Act of 1987) of the Act of 1976,

to be an order made by the District Court under section 5, 5A or 21A of the Act of 1976, as may be appropriate.

...

(7) Subject to paragraph (3) to (5) of Regulation 5, the following shall be regarded as being payable pursuant to an order made under section 5, 5A or 21A of the Act of 1976:

(a) any sum payable under an enforceable maintenance order but not paid before the relevant enforcement order was made;

(b) any costs of or incidental to the application for the enforcement order that are payable under Regulation 7(2).

...

C20

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,

...

C21

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.

C22

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);

...

C23

Application of section extended (25.11.1995) by Maintenance Act 1994 (28/1994), s. 14(3), S.I. No. 288 of 1995; as amended (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 53(c)(i), commenced as per s. 1(2).

Application for maintenance from designated jurisdiction.

14.—(1) On receipt of a request by the Central Authority from a central authority of a designated jurisdiction on behalf of a claimant for the recovery of maintenance from a person for the time being residing in the State (“the respondent”) the Central Authority may—

...

(c) if either the request is not accompanied by such an order or enforcement of the order is refused—

[(i) if the amount of the maintenance sought to be recovered exceeds the maximum amount which the District Court has jurisdiction to award under the Act of 1976 or the request is for a relief order (within the meaning of the Act of 1995) or a maintenance pending suit order, a periodical payments order, a secured periodical payments order or a lump sum order (within the meaning, in each case, of the Act of 1996), make an application to the Circuit Court,]

(ii) in any other case, make an application to the District Court,

for the recovery of maintenance in accordance with the request.

...

[(3) An application referred to in subsection (1) (c) shall be deemed to be an application for a maintenance order under section 5 or section 5A or 21A (inserted by the Status of Children Act, 1987) of the Act of 1976, or the appropriate order referred to in subsection (1) (c) (i), as may be appropriate, and to have been made on the date on which the request of the claimant for the recovery of maintenance was received by the Central Authority of the designated jurisdiction concerned.]

...

C24

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).

...

C25

Application of section extended (14.06.1988) by Status of Children Act 1987 (26/1987), s. 25(2) and (3), commenced as per s. 1(2)(b).

Repeal of the Act of 1930 and consequential provisions.

25. —(1) The Illegitimate Children (Affiliation Orders) Act, 1930 (hereafter in this section referred to as “the Act of 1930”) is hereby repealed.

(2) Any order made by a court under the provisions of the Act of 1930 and in force immediately before the commencement of this Part shall, in so far as such order could have been made under section 5A (inserted by this Part) of the Act of 1976 had it been in operation when that order was made, be deemed for all purposes to be an order made under the said section 5A.

(3) Any proceedings initiated under the provisions of the Act of 1930 and not completed before the commencement of this Part shall, in so far as such proceedings could have been initiated under section 5A of the Act of 1976 had it been in operation at such initiation, be deemed for all purposes to be proceedings under the said section 5A and may be continued accordingly.

(4) Subsections (2) and (3)of this section are without prejudice to any proceedings initiated, or any order or part of such order made, under the Act of 1930 to which those subsections do not relate.

C26

Application of section extended (1.06.1988) by Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988 (3/1988), s. 7(2)(a), S.I. No. 91 of 1988; as substituted (25.11.1995) by Maintenance Act 1994 (28/1994), s. 11, S.I. No. 288 of 1995.

Enforcement of Community maintenance orders.

[7. — ...

(2) (a) Subject to section 8(4) of this Act and to the restriction on enforcement contained in Article 39, the District Court shall have jurisdiction to enforce an enforceable maintenance order and—

(i) for that purpose,

(ii) for the purposes of section 98 (1) of the Defence Act, 1954, and

(iii) subject to the 1968 Convention, for the purpose of the variation or discharge of such an order under section 6 of the Family Law (Maintenance of Spouses and Children) Act, 1976, as amended by the Status of Children Act, 1987,

such an order shall, from the date on which the maintenance order was made, be deemed to be an order made by the District Court under section 5 or section 5A or 21A (inserted by the Status of Children Act, 1987) of the Family Law (Maintenance of Spouses and Children) Act, 1976, as may be appropriate.

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