Family law (maintenance of spouses and children) act, 1976

• Enactment Date: 06 April 1976
• Act Number: 11

Number 11 of 1976
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title. 2. Commencement. 3. Interpretation. 4. Commencement of periodical payments.
PART II
Maintenance of Spouses and Dependent Children
5. Maintenance order. 6. Discharge, variation and termination of maintenance order. 7. Interim order. 8. Orders in respect of certain marital agreements. 9. Transmission of payments through District Court clerk.
PART III
Attachment of Earnings
10. Attachment of earnings order. 11. Compliance with attachment of earnings order. 12. Application of sums received by District Court clerk. 13. Statement as to earnings. 14. Notification of changes of employment and earnings. 15. Power to determine whether particular payments are earnings. 16. Persons in service of State, local authority etc. 17. Discharge, variation and lapse of attachment of earnings order. 18. Cesser of attachment of earnings order. 19. Provisions in relation to alternative remedies. 20. Enforcement.
PART IV
Miscellaneous
21. Property in household allowance. 22. Barring of spouse from family home. 23. Jurisdiction of Courts. 24. Payments to be without deduction of income tax. 25. Conduct of Court proceedings. 26. Costs. 27. Voidance of certain provisions of agreements. 28. Amendment of Illegitimate Children (Affiliation Orders) Act, 1930, and Courts Act, 1971. 29. Amendment of Enforcement of Court Orders Act, 1940. 30. Repeals.
Acts Referred to Illegitimate Children (Affiliation Orders) Act, 1930 1930, No. 17 Guardianship of Infants Act, 1964 1964, No. 7 Maintenance Orders Act, 1974 1974, No. 16 Enforcement of Court Orders Act, 1940 1940, No. 23 Local Government Act, 1941 1941, No. 23 Harbours Act, 1946 1946, No. 9 Vocational Education Act, 1930 1930, No. 29 Agriculture Act, 1931 1931, No. 8 Statute of Limitations, 1957 1957, No. 6 Courts of Justice Act, 1924 1924, No. 10 Courts Act, 1971 1971, No. 36 Adoption Act, 1952 1952, No. 25 Married Women (Maintenance in case of Desertion) Act, 1886 1886, c. 52 Defence Act, 1954 1954, No. 18
Number 11 of 1976
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976
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:
PART I Preliminary and General
	Short title.	1.—This Act may be cited as the Family Law (Maintenance of Spouses and Children) Act, 1976.
	Commencement.	2.—This Act shall come into operation on the day that is one month after the date of its passing.
	Interpretation.	3.—(1) In this Act, save where the context otherwise requires—
	“antecedent order” means—
	(a) a maintenance order,
	(b) a variation order,
	(c) an interim order,
	(d) an order under section 8 of this Act (in so far as it is deemed under that section to be a maintenance order),
	(e) an order deemed under section 30 of this Act to be a maintenance order,
	(f) an order providing for a periodical payment under the Illegitimate Children (Affiliation Orders) Act, 1930 ,
	(g) an order for maintenance under section 11 (2) (b) of the Guardianship of Infants Act, 1964 ,
	(h) an enforceable maintenance order under the Maintenance Orders Act, 1974 ,
	(i) an order for payment of alimony pending suit or permanent alimony;
	“attachment of earnings order” means an order under section 10 of this Act;
	“Court” shall be construed in accordance with section 23 of this Act;
	“dependent child of the family”, in relation to a spouse or spouses, means any child—
	(a) of both spouses, or adopted by both spouses under the Adoption Acts, 1952 to 1974, or in relation to whom both spouses are in loco parentis, or
	(b) of either spouse, or adopted by either spouse under the Adoption Acts, 1952 to 1974, or in relation to whom either spouse is in loco parentis, where the other spouse, being aware that he is not the parent of the child, has treated the child as a member of the family,
	who is under the age of sixteen years, or, if he has attained that age—
	(i) is or will be or, if an order were made under this Act providing for periodical payments for his support, would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of twenty-one years, or
	(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for him to maintain himself fully;
	“desertion” includes conduct on the part of one spouse that results in the other spouse, with just cause, leaving and living separately and apart from him, and cognate words shall be construed accordingly;
	“earnings” means any sums payable to a person—
	(a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service);
	(b) by way of pension or other like benefit in respect of employment (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment);
	“interim order” means an order under section 7 of this Act;
	“maintenance creditor”, in relation to an order under this Act (other than an order under section 22 of this Act), or to proceedings arising out of such an order, means a person on whose application there has been made such an order;
	“maintenance debtor”, in relation to an attachment of earnings order, or to proceedings in which a Court has power to make such an order, or to proceedings arising out of such an order, means the spouse by whom payments are required by the relevant antecedent order to be made and, in relation to any other order under this Act (other than an order under section 22 of this Act) or to proceedings in which a Court has power to make such an order, or to proceedings arising out of such an order, means a spouse who is or, if it were made, would be required by such an order to make periodical payments for the support of persons named in the order;
	“maintenance order” means an order under section 5 of this Act;
	“normal deduction rate” and “protected earnings rate” have the meanings respecively assigned to them by section 10 of this Act;
	“variation order” means an order under section 6 of this Act varying a maintenance order.
	(2) Subject to section 16 of this Act, the relationship of employer and employee shall be regarded as subsisting between two persons if one of them as a principal and not as a servant or agent pays earnings to the other.
	(3) References in this Act to a District Court clerk include references to his successor in the office of District Court clerk and to any person acting on his behalf.
	(4) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment, including this Act.
	Commencement of periodical payments.	4.—A periodical payment under an order under this Act shall commence on such date, not being earlier than the date on which the order is made, as may be specified in the order.
PART II Maintenance of Spouses and Dependent Children
	Maintenance order.	5.—(1) (a) Subject to subsection (4) of this section, where it appears to the Court, on application to it by a spouse, that the other spouse has failed to provide such maintenance for the applicant spouse and any dependent children of the family as is proper in the circumstances, the Court may make an order (in this Act referred to as a maintenance order) that the other spouse make to the applicant spouse periodical payments, for the support of the applicant spouse and of each of the dependent children of the family, for such period during the lifetime of the applicant spouse, of such amount and at such times, as the Court may consider proper.
	(b) Subject to subsection (4) of this section, where a spouse—
	(i) is dead,
	(ii) has deserted, or has been deserted by, the other spouse, or
	(iii) is living separately and apart from the other spouse,
	and there are dependent children of the family (not being children who are being fully maintained by either spouse), then, if it appears to the Court, on application to it by any person, that the surviving spouse or, as the case may be, either spouse has failed to provide such maintenance for any dependent children of the family as is proper in the circumstances, the Court may make an order (in this Act referred to as a maintenance order) that that spouse make to that person periodical payments, for the support of each of those dependent children, for such period during the lifetime of that person, of such amount and at such times, as the Court may consider proper.
	(c) A maintenance order...