Family Law (Maintenance of Spouses and Children) Act, 1976

• Jurisdiction: Ireland
• Citation: IR No. 11/1976
• Year: 1976

• Full Act
• Act by Section
• Act As Enacted
• Amendments
• PDF annotated
• PDF unannotated

---

Number 11 of 1976

---

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976

REVISED

Updated to 4 May 2020

---

This Revised Act is an administrative consolidation of the Family Law (Maintenance of Spouses and Children) Act 1976. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, and all statutory instruments up to and including the Planning and Development Act 2000 (Subsection (4) of Section 251A) (No. 2) Order 2020 (S.I. No. 165 of 2020), made 8 May 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

---

Number 11 of 1976

---

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976

REVISED

Updated to 4 May 2020

---

Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Domestic Violence Act 2018 (6/2018)

• Mediation Act 2017 (27/2017)

• Children and Family Relationships Act 2015 (9/2015)

• Child and Family Agency Act 2013 (40/2013)

• Education and Training Boards Act 2013 (11/2013)

• Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (7/2012)

• Civil Law (Miscellaneous Provisions) Act 2011 (23/2011)

• Adoption Act 2010 (21/2010)

• Fines Act 2010 (8/2010)

• Civil Law (Miscellaneous Provisions) Act 2008 (14/2008)

• Social Welfare Consolidation Act 2005 (26/2005)

• Health Act 2004 (42/2004)

• Civil Liability and Courts Act 2004 (31/2004)

• Courts and Court Officers Act 2002 (15/2002)

• Social Welfare (Miscellaneous Provisions) Act 2002 (8/2002)

• Children Act 1997 (40/1997)

• Social Welfare Act 1997 (10/1997)

• Family Law (Divorce) Act 1996 (33/1996)

• Domestic Violence Act 1996 (1/1996)

• Family Law Act 1995 (26/1995)

• Maintenance Act 1994 (28/1994)

• Social Welfare Act 1993 (27/1993)

• Criminal Justice Act 1993 (6/1993)

• Social Welfare Act 1992 (5/1992)

• Courts Act 1991 (20/1991)

• Social Welfare Act 1990 (5/1990)

• Judicial Separation and Family Law Reform Act 1989 (6/1989)

• Social Welfare Act 1989 (4/1989)

• Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988 (3/1988)

• Status of Children Act 1987 (26/1987)

• Age of Majority Act 1985 (2/1985)

• Family Law (Protection of Spouses and Children) Act 1981 (21/1981)

• Courts Act 1981 (11/1981)

• Social Welfare (Consolidation) Act 1981 (1/1981)

• Family Home Protection Act 1976 (27/1976

• Guardianship of Infants Act 1964 (7/1964)

All Acts up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• European Union (Hague Maintenance Convention) Regulations 2019 (S.I. No. 594 of 2019)

• European Communities (Maintenance) (Amendment) Regulations 2011 (S.I. No. 612 of 2011)

• European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011)

• European Communities (Mediation) Regulations 2011 (S.I. No. 209 of 2011)

• European Communities (Civil and Commercial Judgment) Regulations 2002 (S.I. No. 52 of 2002)

All statutory instruments up to and including Planning and Development Act 2000 (Subsection (4) of Section 251A) (No. 2) Order 2020 (S.I. No. 165 of 2020), made 8 May 2020, were considered in the preparation of this revision.

---

Number 11 of 1976

---

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976

REVISED

Updated to 4 May 2020

---

ARRANGEMENT OF SECTIONS

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

REVISED

Updated to 4 May 2020

---

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:

Annotations

Modifications (not altering text):

C1

Certain orders deemed to be orders made under Act (25.11.2019) by European Union (Hague Maintenance Convention) Regulations 2019 (S.I. No. 594 of 2019), reg. 14(4).

Enforcement in District Court of recognition order or declaration of enforceability

14. ...

(4) Where the District Court has jurisdiction to enforce an enforceable maintenance order that order shall be deemed to be an order, made on the date of the decision to which the enforceable maintenance order relates, of the District Court under section 5, 5A, 5B or 5C of the Act of 1976 as may be appropriate for the purposes of exercising that jurisdiction and an order for the purposes of —

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

(b) subject to the Convention, the variation or discharge of that order under section 6 of the Act of 1976.

(5) The District Court has jurisdiction under this Regulation notwithstanding that an amount payable under an enforceable maintenance order exceeds the maximum amount the District Court has jurisdiction to award under an enactment referred to in paragraph (4).

...

C2

Application of Act modified (25.11.1995) by Maintenance Act 1994 (28/1994), s. 4(2)(a), S.I. No. 288 of 1995; as substituted (10.03.2012) by Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (7/2012), s. 2(1)(b), commenced on enactment.

Central Authority.

4. — ...

(2)[(a) For the purposes of section 8 of the Enforcement of Court Orders Act 1940 (as amended by section 63 of the Civil Law (Miscellaneous Provisions) Act 2011), the Acts of 1976, 1995, 1996 and 1998, the Brussels I Regulation, and the 2007 Lugano Convention, the Central Authority shall have authority to act on behalf of a maintenance creditor or of a claimant (as defined in section 13(1)), and references therein to a maintenance creditor or to such a claimant shall be construed as including references to that Authority.]

...

C3

Power of court to discharge order made under Act and continuance of orders under certain circumstances provided (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 26, commenced as per s. 1(2).

Orders under Acts of 1976, 1989 and 1995.

26.—(1) Where, while an order (“the first-mentioned order”), being—

(a) a maintenance order, an order varying a maintenance order, or an interim order under the Act of 1976,

...

is in force, an application is made to the court by a spouse to whom the first-mentioned order relates for an order granting a decree of divorce or an order under this Part, the court may by order discharge the first-mentioned order as on and from such date as may be specified in the order.

(2) Where, on the grant of a decree of divorce an order specified in subsection...