M (J) v M (G)

• Jurisdiction: Ireland
• Judge: CATHERINE McGUINNESS
• Judgment Date: 18 January 1995
• Neutral Citation: 1999 WJSC-CC 4886
• Docket Number: Record No. 237/87
• Court: Circuit Court
• Date: 18 January 1995

1999 WJSC-CC 4886

THE CIRCUIT FAMILY COURT

Record No. 237/87

M (J) v. M (G)

DUBLIN CIRCUIT COUNTY OF THE CITY OF DUBLIN

IN THE MATTER OF THE FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976 Section 6(1)(b)

BETWEEN:

(J) M

APPLICANT:

-and-

(G) M

RESPONDENT.

Citations:

FAMILY LAW (MAINTENANCE OF SPOUSES & CHILDREN) ACT 1976 S6(1)(b)

FAMILY LAW (MAINTENANCE OF SPOUSES & CHILDREN) ACT 1976 S5(4)

LOCAL GOVT ACT 1991 S42(1)

LOCAL GOVT ACT 1991 S41(1)

LOCAL GOVT (EXPENSES OF LOCAL AUTHORITY MEMBERS) REGS 1993 SI 391/1993PART II

LOCAL GOVT (EXPENSES OF LOCAL AUTHORITY MEMBERS) REGS 1993 SI 391/1993S4(1)

JUDICIAL SEPARATION & FAMILY LAW REFORM ACT 1989 S20

JUDICIAL SEPARATION & FAMILY LAW REFORM ACT 1989 S20(2)(h)

FAMILY LAW (MAINTENANCE OF SPOUSES & CHILDREN) ACT 1976 S3

INCOME TAX ACT 1967 S124

INCOME TAX ACT 1967 SCHED E

LOCAL GOVT (EXPENSES OF LOCAL AUTHORITY MEMBERS) REGS 1993 SI 391/1993 ART 5(2)

LOCAL GOVT (EXPENSES OF LOCAL AUTHORITY MEMBERS) REGS 1993 SI 391/1993 ART 5(3)

Words & Phrases:

CEF

Subject Headings:

*

JUDGEMENT BY JUDGE

CATHERINE McGUINNESS

1 The parties in these proceedings were married on 12 September 1962 and they have four children, the youngest of whom born on 9 April 1974 is still in full time third level education. The marriage between the parties broke down some considerable time ago and the Applicant wife's original application for maintenance pursuant to the Family Law (Maintenance of Spouses and Children; Act,1976was in 1987, A maintenance order was made on 13 February 1988. This order was varied on 20 November 1989. In 1993 it was agreed between the parties that a sum of maintenance of £165 per week was to be paid by the husband to the wife as and from 5 April 1993. This, agreement was reflected in a consent maintenance order made on 27 July 1994. The Applicant wife was elected to the position of Cathaoirleach of the County Council of Fingal, the new local authority in North County Dublin. She holds this position for one year from July, 1994 to July, 1995 and in evidence she informed the court that on account of an agreement between the political parties in the local authority, it is clear that she will not be re-elected to the position for the year 1995/96. In her position as Cathaoirleach, the Applicant wife is in receipt of an allowance of £15,000 for her year in office. Under Section 42 (1) of the Local Government Act,1991the relevant sub-section reads as follows:-

2 41(1) A local authority may pay an allowance for reasonable expenses to the Chairman of the authority".

3 The remainder of the section is not relevant to the matters at issue.

4 This allowance is also covered by Statutory Instrument No. 391 of 1993. In part 2 of that Statutory Instrument headed "Annual Expenses Allowance" Section 4(1) reads as follows:

"A local authority shall, subject to and in accordance with these regulations, make payments to a member consisting of a composite annual sum (in these regulations referred to as an annual expenses allowance) not exceeding an amount determined in accordance with sub-articles (2) and (3) and Article 5 in respect of travelling, subsistence and other expenses reasonably incurred in connection with the performance of the members” functions and duties, save as is otherwise provided for in these regulations, in respect of each year or portion of year for which such person is a member."

5 On account of the wife's receipt of this allowance, the husband now seeks a variation of maintenance pursuant to Section 6(1)(b) of the Family Law (Maintenance of Spouses and Children) Act,1976.The relevant sub-section reads as follows:-

6 (1)(b) (The Court may) discharge or vary a maintenance order at any time on the application of either party if it thinks proper to do so having regard to any circumstances not existing when the order was made or if it has been varied when it...