LegalizeS.I. No. 96/1976 - District Court [Family Law (Maintenance of Spouses and Children) Act, 1976] Rules, 1976
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
4 amending acts · 1997-02-24, S.I. No. 93/1997 - District Court Rules, 1997
S.I. No. 96 of 1976.
DISTRICT COURT [FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976] RULES, 1976.
The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , and section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court:—
1.
These Rules may be cited as the District Court [Family Law (Maintenance of Spouses and Children] Act, 1976] Rules, 1976.
2.
These Rules shall come into operation on the 6th day of May, 1976, and shall be read together with all other District Court Rules for the time being in force.
3.
In these Rules—
"the Act" means the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976);
"Form" means a form set out in the Schedules of Forms or such modification thereof as may be suitable.
4.
Proceedings initiated and not completed before the coming into operation of these Rules shall be continued and completed in accordance with these Rules.
5.
Proceedings under these Rules may be brought heard and determined before a sitting of the Court for the court area, or in the case of the Dublin Metropolitan District, for the district, where either party to the proceedings ordinarily resides or carries on any profession, business or occupation.
6.
All proceedings under these Rules shall be issued for a scheduled sitting of the Court. Proceedings shall not be heard in public and only the parties, their legal representatives and witnesses shall be permitted to be present.
7.
An application for a maintenance order under section 5 of the Act shall be by summons (Form 1 or Form 2 as may be appropriate) and the order of the Court thereon shall be in accordance with Form 3 or Form 4 as may be appropriate.
8.
An application by the maintenance debtor for the discharge of a maintenance order under section 6 (1) (a) of the Act, or for the discharge of part of such order under section 6 (3) of the Act, shall be by summons (Form 5) and the order of the Court thereon shall be in accordance with Form 6.
9.
An application by either party to the proceedings to discharge or vary a maintenance order under section 6 (1) (b) of the Act shall be by summons (Form 7) and the order of the Court thereon shall be in accordance with Form 8.
10.
An interim order under section 7 of the Act shall be in accordance with Form 9.
11.
Where the Court makes a maintenance order, an order varying, discharging, or discharging part of such order, an interim order, or an affiliation order, the district court clerk shall send a copy of such order by prepaid post to the maintenance debtor.
12.
Where the Court directs that payments under a maintenance order, an order varying such order, an interim order, or an affiliation order, shall be made to the district court clerk such clerk shall notify (Form 10) the maintenance debtor of the hours and the places at which payments under the order are to be made. Such notice shall be sent by prepaid post.
13.
The district court clerk shall give a receipt to the maintenance debtor for each payment made by him and shall transmit such payments to the maintenance creditor.
14.
An application for a direction that payments under a maintenance order, a variation order, an interim order or an affiliation order be made to the district court clerk under section 9 (1) (b) of the Act shall be made ex parte. Notice (Form 11) of the intention to make such application shall be signed by the maintenance creditor or her solicitor and shall be lodged with the district court clerk, and the order of the Court thereon shall be in accordance with Form 12.
15.
An application by a maintenance debtor to have a direction under section 9 (1) of the Act discharged, pursuant to section 9 (3) of the Act, shall be by summons (Form 13) and the order of the Court thereon shall be in accordance with Form 14.
16.
Where payments under a maintenance order, a variation order, an interim order or an affiliation order (in respect of which the Court has made a direction under section 9 (1) of the Act) are in arrear and the district court clerk receives a request in writing (Form 15) from the maintenance creditor to take such steps as he considers reasonable to recover such arrears, such clerk may make an application under section 10 of the Act for an attachment of earnings order or under section 8 of the Enforcement of Court Orders Act, 1940 .
17.
Where payments under an enforceable maintenance order are in arrear and the district court clerk receives a request in writing from the maintenance creditor to recover such arrears, such clerk may make an application under section 10 of the Act for an attachment of earnings order or proceed as provided by rule 7 of the District Court ( Maintenance Orders Act, 1974 ) Rules, 1975 ( S.I. No. 58 of 1975 ) for an order under section 8 of the Enforcement of Court Orders Act, 1940 .
ATTACHMENT OF EARNINGS
18.
An application for an attachment of earnings order under section 10 of the Act shall be by summons (Form 16, 17 or 18, as may be appropriate) and the order of the Court thereon shall be in accordance with Form 19, 20 or 21 as may be appropriate.
19.
The district court clerk specified in an attachment of earnings order or the maintenance creditor, as the case may be, shall cause the order to be served on the employer to whom it is directed and on any subsequent employer of the maintenance debtor concerned of whom the district court clerk so specified or the maintenance creditor becomes aware.
20.
Such service may be effected by leaving a copy of the order at, or sending a copy of the order by registered prepaid post to the residence or place of business in the State of the person to be served. A copy of the order shall also be sent by registered prepaid post to the maintenance debtor.
21.
The district court clerk shall give a receipt to any such employer for each payment made by him and shall transmit such payment to the maintenance creditor.
22.
The district court clerk may send by post any payments received by him under an attachment of earnings order to the person entitled thereto.
23.
An order requiring a statement of particulars of a maintenance debtor's earnings under section 13 (1) (b) of the Act shall be in accordance with Form 22. The district court clerk shall cause the order to be served on the person to whom it is directed by sending a copy thereof by prepaid post to the residence or place of business in the State of such person.
24.
An application for a determination whether payments of a particular class or description are earnings for the purposes of an attachment of earnings order under section 15 of the Act shall be by summons (Form 23) and shall be served on the other parties to the proceedings.
25.
The parties to proceedings in respect of an application under rule 24 shall be the employer, the maintenance debtor and the person to whom payments under the order are being made.
26.
The order of the Court hearing such application shall be in accordance with Form 24. A copy of such order shall be sent by the district court clerk by prepaid post to each of the parties to the proceedings.
27.
An application for the variation or discharge of an attachment of earnings order under section 17 of the Act shall be by summons (Form 25) and the order of the Court thereon shall be in accordance with Form 26. The district court clerk or the maintenance creditor as the case may be shall cause the order to be served on the employer in the manner provided for the service of an attachment of earnings order by rule 20 hereof.
28.
Where an attachment of earnings order ceases to have effect the district court clerk shall notify (Form 27) the employer accordingly.
29.
Where an attachment of earnings order has been made, any proceedings commenced under section 8 of the Enforcement of Court Orders Act, 1940 , shall lapse and any warrant or order issued or made under that section in any such proceedings shall cease to have effect.
PROCEEDINGS BY DISTRICT COURT CLERK UNDER SECTION 8 of THE ENFORCEMENT OF COURT ORDERS ACT, 1940
30.
An application by the district court clerk under section 8 of the Enforcement of Court Orders Act, 1940 , shall be by information (Form 28).
31.
A warrant of arrest which may be issued on foot of such information shall be in accordance with Form 29.
32.
A justice may, however, if he thinks fit, instead of issuing such warrant as provided by section 8 of the Enforcement of Court Orders Act, 1940 , issue a summons (Form 30) on foot of such information.
33.
Where after the issue of the summons it seems fit to the justice, at any time before the date of hearing of the application, to issue a warrant of arrest he may issue such warrant notwithstanding the fact that a summons has already been issued.
34.
Where the Court makes an order for the imprisonment of the maintenance debtor the warrant of committal shall be in accordance with Form 31.
35.
Where the Court makes an order for the distress and sale of the goods of the maintenance debtor the warrant of distress shall be in accordance with Form 32.
BARRING OF SPOUSE FROM FAMILY HOME
36.
Where otherwise than in the course of hearing of maintenance proceedings a spouse wishes to make an application under section 22 of the Act, such application shall be made by information (Form 33).
37.
A summons which may be issued on foot of such information shall be in accordance with Form 34, and the order of the Court granting the application shall be in accordance with Form 35.
38.
An application for an order discharging an order barring a spouse from the family home under section 22 (2) of the Act shall be by summons (Form 36) and the order of the Court granting the application shall be in accordance with Form 37.
39.
A summons under section 22 (3) of the Act shall be in accordance with Form 38.
GENERAL
40.
On the hearing of an application under section 10 of the Act, or under section 8 of the Enforcement of Court Orders Act, 1940 , the district court clerk to whom payments under the maintenance order, variation order, interim order, affiliation order, or enforceable maintenance order are payable shall tender as evidence—
( a ) the maintenance order, variation order, interim order, affiliation order (as may be appropriate) and in the case of an enforceable maintenance order a copy of the maintenance order,
( b ) the request in writing received by him from the maintenance creditor,
( c ) in the case of an enforceable maintenance order a copy of the order made by the Master of the High Court, and
( d ) any other relevant document.
Such clerk shall also prove the amount of arrears due.
41.
A summons under these Rules may be signed by a justice, a peace commissioner, or a district court clerk and shall be served on the person to whom it is directed seven clear days at least before the sitting of the Court to which the summons is returnable. The original of every such summons with a statutory declaration as to service endorsed thereon shall be lodged with the district court clerk four days at least before the date fixed for hearing.
42.
The provisions regarding the service of summonses in cases of summary jurisdiction contained in the District Court Rules, 1948, (S.R. & O. 1947, No. 431), and the provisions regarding the service of a District Court document by registered prepaid post, contained in section 7 of the Courts Act, 1964 , (1964 No. 11), shall apply to the service of summonses under these Rules.
43.
Proof of service of any summons or any order requiring to be served by these Rules shall be by statutory declaration of service.
44.
The provisions regarding the addressing and execution of warrants in criminal proceedings contained in the District Court Rules, 1948, (S.R. & O. 1967, No. 431), shall apply to warrants issued under these Rules, with the proviso that warrants of distress shall be addressed to and executed by the several sheriffs and county registrars.
45.
The Rules set out in Schedule B hereof are hereby amended to the extent mentioned in the said Schedule.
General heading to be used on all forms:—
SCHEDULE OF FORMS
| AN CHÚIRT DÚICHE | [image omitted] | THE DISTRICT COURT |
| [image omitted] | SCHEDULE A | |
| Form 1 | Rule 7 |
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976
section 5 (1) (a)
MAINTENANCE SUMMONS
| District Court Area of | District Court Area of | District No. |
| ............................................................ .................... Applicant | ||
| ............................................................ ................ Respondent | ||
| WHEREAS a complaint has been made by | WHEREAS a complaint has been made by | ............................................................ ..................................... |
| the above applicant | the above applicant | |
| --- | --- | |
| *residing | ||
| *carrying on profession, business or occupation | ||
| at ............................................................ ............................................................ ............................................................ | at ............................................................ ............................................................ ............................................................ | |
| † (in court area and district aforesaid) | ||
| that you ............................................................ ............................................................ .................................................. | that you ............................................................ ............................................................ .................................................. | |
| the above named respondent *residing | ||
| *carrying on profession, business or occupation at ............................................................ ............................................................ ............................................................ . † (in court area and district aforesaid) being the spouse of the said applicant have failed to provide such maintenance as is proper in the circumstances for the said applicant † [and the dependent children of the family namely | *carrying on profession, business or occupation at ............................................................ ............................................................ ............................................................ . † (in court area and district aforesaid) being the spouse of the said applicant have failed to provide such maintenance as is proper in the circumstances for the said applicant † [and the dependent children of the family namely | |
| --- | --- | |
| ............................................................ ........................ | born on ............................................................ .................. | |
| ............................................................ ........................ | born on ............................................................ .................. | |
| under the age of 16 years] | ||
| †[and............................................................ .............. | born on ............................................................ ................. |
who has attained the age of sixteen years and is under the age of twenty-one years and who is † (will be) receiving full-time education or instruction at an educational establishment]
| †[and............................................................ ..................... | born on ............................................................ ......... |
who has attained the age of sixteen years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him to maintain himself fully]
THIS IS TO COMMAND YOU to appear on the hearing of the said complaint at the District Court at the District Court at ............................................................ ............................................................ ...................
| in the court area and district aforesaid on the | in the court area and district aforesaid on the | in the court area and district aforesaid on the | in the court area and district aforesaid on the | in the court area and district aforesaid on the | day of | day of |
| 19 | , at | , at | .m. | .m. | .m. | .m. |
| Dated this | Dated this | day of | day of | day of | day of | 19. |
| Signed ............................................................ ... | Signed ............................................................ ... | Signed ............................................................ ... | ||||
| Justice of the District Court, Peace Commissioner, or District Court Clerk | Justice of the District Court, Peace Commissioner, or District Court Clerk | Justice of the District Court, Peace Commissioner, or District Court Clerk |
| To |
| of |
| (the above named respondent) |
NOTE: Proceedings may be brought in the court area or in the Dublin Metropolitan District, the district wherein either party to the proceedings resides or carries on any profession, business, or occupation.
*Delete whichever inapplicable.
†Delete where inapplicable.
| SCHEDULE A | |
| Form 2 | Rule 7 |
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1973
section 5 (1) (b)
MAINTENANCE SUMMONS
| District Court Area of | District Court Area of | District No. |
| ............................................................ ............ Applicant | ||
| ............................................................ ......... Respondent | ||
| WHEREAS a complaint has been made by ............................................................ ............................................... the above named applicant | WHEREAS a complaint has been made by ............................................................ ............................................... the above named applicant | WHEREAS a complaint has been made by ............................................................ ............................................... the above named applicant |
| --- | --- | |
| *residing | ||
| *carrying on profession, business or occupation | ||
| at............................................................ ............................................................ ............................................................ | at............................................................ ............................................................ ............................................................ | |
| † (in court area and district aforesaid) | ||
| that you ............................................................ ............................................................ ................................................ the above named respondent | that you ............................................................ ............................................................ ................................................ the above named respondent | |
| --- | --- | |
| *residing | ||
| *carrying on profession, business or occupation | ||
| at ............................................................ ............................................................ ........................................................... | at ............................................................ ............................................................ ........................................................... | |
| †(in court area and district aforesaid) | ||
| being the spouse of ............................................................ ............................................................ ............................ (now deceased) (who has deserted you, (or has been deserted by you) (living separately and apart from you) have failed to provide such maintenance as is proper in the circumstances for the dependent children of the family namely | being the spouse of ............................................................ ............................................................ ............................ (now deceased) (who has deserted you, (or has been deserted by you) (living separately and apart from you) have failed to provide such maintenance as is proper in the circumstances for the dependent children of the family namely | |
| --- | --- | |
| ............................................................ .............................. | born on ............................................................ .......... | |
| ............................................................ .............................. | born on ............................................................ .......... | |
| under the age of 16 years | ||
| †[and ............................................................ .................... | born on ............................................................ .......... |
who has attained the age of sixteen years and is under the age of twenty-one years and who is † (will be) receiving full-time education or instruction at an educational establishment]
| †[and ............................................................ ................. | born on ............................................................ .......... |
who has attained the age of sixteen years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him to maintain himself fully]
THIS IS TO COMMAND YOU to appear on the hearing of the said complaint at the District Court at ............................................................ ............................................................ ............................................................ ....
| in the court area and district aforesaid on the | in the court area and district aforesaid on the | in the court area and district aforesaid on the | in the court area and district aforesaid on the | in the court area and district aforesaid on the | day of | day of |
| 19 | , at | , at | .m. | .m. | .m. | .m. |
| Dated this | Dated this | day of | day of | day of | day of | 19. |
| Signed ............................................................ ... | Signed ............................................................ ... | Signed ............................................................ ... | ||||
| Justice of the District Court, Peace Commissioner, or District Court Clerk | Justice of the District Court, Peace Commissioner, or District Court Clerk | Justice of the District Court, Peace Commissioner, or District Court Clerk |
| To |
| of |
| (the above-named respondent) |
NOTE: Proceedings may be brought in the court area or in the Dublin Metropolitan District, the district wherein either party to the proceedings resides or carries on any profession, business, or occupation.
- Delete whichever inapplicable.
† Delete where inapplicable.
| SCHEDULE A | |
| Form 3 | Rule 7 |
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976
section 5 (1) (a)
MAINTENANCE ORDER
| District Court Area of | District No. |
| ............................................................ ............. Maintenance Creditor | |
| ............................................................ ............... Maintenance Debtor | |
| --- | --- |
| WHEREAS on the hearing of a complaint on the | WHEREAS on the hearing of a complaint on the |
| 19, | brought by the above named maintenance creditor |
| --- | --- |
| *residing | |
| *carrying on profession, business or occupation | |
| at ............................................................ ............................................................ ............................................................ ... | at ............................................................ ............................................................ ............................................................ ... |
| †(in court area and district aforesaid) that the above named maintenance debtor | †(in court area and district aforesaid) that the above named maintenance debtor |
| --- | --- |
| *residing | |
| *carrying on profession, business or occupation | |
| at ............................................................ ............................................................ ............................................................ ... | at ............................................................ ............................................................ ............................................................ ... |
| †(in court area and district aforesaid) being the spouse of the said maintenance creditor has failed to provide such maintenance as is proper in the circumstances for the above named maintenance creditor †(and the dependent children of the family) AND WHEREAS the Court is satisfied— | †(in court area and district aforesaid) being the spouse of the said maintenance creditor has failed to provide such maintenance as is proper in the circumstances for the above named maintenance creditor †(and the dependent children of the family) AND WHEREAS the Court is satisfied— |
| --- | --- |
| (i) that the summons herein dated | (i) that the summons herein dated |
| 19, | was duly served on the maintenance debtor, |
AND after hearing the evidence tendered by or on behalf of the maintenance creditor †(and the maintenance debtor)
THE COURT HEREBY ORDERS—
†1. That the maintenance debtor pay to the maintenance creditor for her support the weekly sum of £ .
†2. That the maintenance debtor pay to the maintenance creditor a (further) weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of 16 years
| ............................................................ ................... | born on ............................................................ ............ |
| ............................................................ ................... | born on ............................................................ ............ |
| †[and .......................................................... | born on ............................................................ ............. |
who has attained the age of sixteen years and is under the age of twenty-one years and who is † (will be) receiving full-time education or instruction at an educational establishment]
| †[and ............................................................ ........ | born on ............................................................ .. |
who has attained the age of sixteen years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him to maintain himself fully]
| 3. That the first of such payments †(making in all the total sum of £ weekly) be made | 3. That the first of such payments †(making in all the total sum of £ weekly) be made | 3. That the first of such payments †(making in all the total sum of £ weekly) be made |
| on the | day of | 19 . |
†4. That the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this Order.
(AND pursuant to section 9 (1) (a*) of the above Act THE COURT DIRECTS that the payments aforesaid be made to the District Court Clerk at ............................................ for transmission to the maintenance creditor).
(AND the maintenance creditor requesting the Court not to do so and the Court considering that it would not be proper to do so MAKES NO DIRECTION pursuant to section 9 (1) (a*) of the above Act)
| Dated this | day of | day of | 19 . |
| Signed ............................................................ ... | Signed ............................................................ ... | ||
| Justice of the District Court | Justice of the District Court |
*Delete whichever inapplicable.
† Delete where inapplicable.
| SCHEDULE A | |
| Form 4 | Rule 7 |
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976
section 5 (1) (b)
MAINTENANCE ORDER
| District Court Area of | District No. | |
| ........................................................ Maintenance Creditor | ........................................................ Maintenance Creditor | |
| ........................................................ Maintenance Debtor | ........................................................ Maintenance Debtor | |
| --- | --- | --- |
| WHEREAS on the hearing of a complaint on the | WHEREAS on the hearing of a complaint on the | day of |
| 19, | brought by the above named maintenance creditor | brought by the above named maintenance creditor |
| --- | --- | |
| *residing | ||
| *carrying on profession, business or occupation | ||
| at ............................................................ ............................................................ ............................................................ . | at ............................................................ ............................................................ ............................................................ . | |
| †(in court area and district aforesaid) that the above named maintenance debtor | †(in court area and district aforesaid) that the above named maintenance debtor | |
| --- | --- | |
| *residing | ||
| *carrying on profession, business or occupation | ||
| at ............................................................ ............................................................ ............................................................ . | at ............................................................ ............................................................ ............................................................ . | |
| †(in court area and district aforesaid) | ||
| being the spouse of............................................................ ............................................................ ............................... (now deceased) (who has deserted you), or has been deserted by you) (living separately and apart from you) has failed to provide such maintenance as is proper in the circumstances for the dependent children of the family, AND WHEREAS the Court is satisfied— | being the spouse of............................................................ ............................................................ ............................... (now deceased) (who has deserted you), or has been deserted by you) (living separately and apart from you) has failed to provide such maintenance as is proper in the circumstances for the dependent children of the family, AND WHEREAS the Court is satisfied— | |
| --- | --- | --- |
| (i) that the summons herein dated | (i) that the summons herein dated | day of |
| 19, | was duly served on the maintenance debtor(s) | was duly served on the maintenance debtor(s) |
AND after hearing the evidence tendered by or on behalf of the maintenance creditor †(and the maintenance debtor(s))
THE COURT HEREBY ORDERS—
That the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of 16 years.
| ............................................................ ................ | born on............................................................ ................. |
| ............................................................ ................ | born on............................................................ ................. |
| †[and............................................................ ..... | born on............................................................ ................. |
who has attained the age of sixteen years and is under the age of twenty-one years and who is † (will be) receiving full-time education or instruction at an educational establishment]
| †[and............................................................ ...... | born on............................................................ ................. |
who has attained the age of sixteen years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him to maintain himself fully]
| 2. That the first of such payments †(making in all the total sum of £ | 2. That the first of such payments †(making in all the total sum of £ | 2. That the first of such payments †(making in all the total sum of £ |
| weekly) be made on the | day of | 19, |
†3. That the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this Order.
*(AND pursuant to section 9 (I) (a) of the above Act THE COURT DIRECTS that the payments aforesaid be made to the District Court Clerk at ........................... for transmission to the maintenance creditor).
*(AND the maintenance creditor requesting the Court not to do so and the Court considering that it would not be proper to do so MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above Act)
| Dated this | day of | day of | 19. |
| Signed............................................................ .......... | Signed............................................................ .......... | ||
| Justice of the District Court | Justice of the District Court |
†Delete where inapplicable.
*Delete whichever inapplicable.
| SCHEDULE A | |
| Form 5 | Rule 8 |
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976
SUMMONS TO DISCHARGE MAINTENANCE ORDER OR PART THEREOF
| District Court Area of | District No. | |
| ............................................................ ....................... Maintenance Creditor | ............................................................ ....................... Maintenance Creditor | |
| ............................................................ ......................... Maintenance Debtor | ............................................................ ......................... Maintenance Debtor | |
| --- | --- | --- |
| YOU ARE HEREBY required to appear at the sitting of the District Court at ........................................... | YOU ARE HEREBY required to appear at the sitting of the District Court at ........................................... | YOU ARE HEREBY required to appear at the sitting of the District Court at ........................................... |
| ............................................................ ............................................................ ............................................................ ..... | ............................................................ ............................................................ ............................................................ ..... | ............................................................ ............................................................ ............................................................ ..... |
| in the court area and district aforesaid | in the court area and district aforesaid | in the court area and district aforesaid |
| on the | on the | day of |
upon the hearing of an application on behalf of the above named maintenance debtor
| *residing | *residing | ||
| *carrying on profession, business or occupation | *carrying on profession, business or occupation | ||
| at ............................................................ ............................................................ ............................................................ . | at ............................................................ ............................................................ ............................................................ . | at ............................................................ ............................................................ ............................................................ . | at ............................................................ ............................................................ ............................................................ . |
| to have the maintenance order made at the sitting of the District Court at.......................................................... ............................................................ ............................................................ ............................................................ ..... | to have the maintenance order made at the sitting of the District Court at.......................................................... ............................................................ ............................................................ ............................................................ ..... | to have the maintenance order made at the sitting of the District Court at.......................................................... ............................................................ ............................................................ ............................................................ ..... | to have the maintenance order made at the sitting of the District Court at.......................................................... ............................................................ ............................................................ ............................................................ ..... |
| on the | day of | day of | 19 |
whereby the above named maintenance debtor was ordered to pay to the above named maintenance creditor †(the sum of £ per week for her support)
†(and the sum of £ per week for the support of the dependent children of the family)
*[DISCHARGED as provided by section 6 (1) (a) of the above Act]
*[DISCHARGED in so far as such Order provides for the payment of £
| per week for the support of | ............................................................ ............................................................ ......... | ............................................................ ............................................................ ......... |
| born on ............................................................ .................................... and who has ceased to be a dependent child of the family] | born on ............................................................ .................................... and who has ceased to be a dependent child of the family] | born on ............................................................ .................................... and who has ceased to be a dependent child of the family] |
| --- | --- | --- |
| Dated this | day of | 19 . |
| Signed ............................................................ .............................. | ||
| Justice of the District Court, or Peace Commissioner, or District Court Clerk |
| To |
| of the above named maintenance creditor. |
†Delete where inapplicable.
*Delete whichever inapplicable.
| SCHEDULE A | |
| Form 6 | Rule 8 |
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976
ORDER DISCHARGING MAINTENANCE ORDER OR PART THEREOF
| District Court Area of | District No. | District No. |
| ............................................................ .......... Maintenance Creditor | ............................................................ .......... Maintenance Creditor | |
| ............................................................ .......... Maintenance Debtor | ............................................................ .......... Maintenance Debtor | |
| --- | --- | --- |
| WHEREAS by maintenance order dated | WHEREAS by maintenance order dated | day of |
| 19 , made at the sitting of the District Court at ............................................................ .................................... the above named maintenance debtor | 19 , made at the sitting of the District Court at ............................................................ .................................... the above named maintenance debtor | 19 , made at the sitting of the District Court at ............................................................ .................................... the above named maintenance debtor |
| --- | --- | |
| *residing | ||
| *carrying on profession, business or occupation | ||
| at ............................................................ ............................................................ ........................................................... | at ............................................................ ............................................................ ........................................................... |
†(in court area and district afroresaid) was ordered to pay to the above named maintenance creditor the weekly sum of £ for her support † (together with further weekly sum of £ for the support of each child named hereunder until such child shall attain the age of 16 years
| ............................................................ ............................... | born on............................................................ ....... |
| ............................................................ ................................ | born on............................................................ ....... |
| †[and ............................................................ ...................... | born on............................................................ ....... |
who has attained the age of sixteen years and is under the age twenty-one years and who is † (will be) receiving full-time education or instruction at an educational establishment]
| †[and............................................................ ..................... | born on........................................................ |
who has attained the age of sixteen years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him to maintain himself fully]
| *[AND WHEREAS an application was made to the Court by the maintenance | *[AND WHEREAS an application was made to the Court by the maintenance | *[AND WHEREAS an application was made to the Court by the maintenance |
| debtor on the | day of | 19 , (being a period |
of one year after the making of the said maintenance order) for the discharge of such order]
| *(AND WHEREAS an application was made to the Court by the maintenance | *(AND WHEREAS an application was made to the Court by the maintenance | *(AND WHEREAS an application was made to the Court by the maintenance | *(AND WHEREAS an application was made to the Court by the maintenance | *(AND WHEREAS an application was made to the Court by the maintenance |
| debtor on the | day of | day of | 19 , for the discharge | 19 , for the discharge |
| of such order in so far as such order provides for the payment of £ per | of such order in so far as such order provides for the payment of £ per | of such order in so far as such order provides for the payment of £ per | of such order in so far as such order provides for the payment of £ per | of such order in so far as such order provides for the payment of £ per |
| week for the support of.................................................... born on............................................................ and who has ceased to be a dependent child of the family) AND WHEREAS the Court is satisfied— | week for the support of.................................................... born on............................................................ and who has ceased to be a dependent child of the family) AND WHEREAS the Court is satisfied— | week for the support of.................................................... born on............................................................ and who has ceased to be a dependent child of the family) AND WHEREAS the Court is satisfied— | week for the support of.................................................... born on............................................................ and who has ceased to be a dependent child of the family) AND WHEREAS the Court is satisfied— | week for the support of.................................................... born on............................................................ and who has ceased to be a dependent child of the family) AND WHEREAS the Court is satisfied— |
| --- | --- | --- | ||
| (i) that the summons herein dated | (i) that the summons herein dated | day of | ||
| 19 , | was duly served on the maintenance creditor | was duly served on the maintenance creditor |
AND after hearing the evidence tendered by or on behalf of the maintenance creditor† (and the maintenance debtor)
*(AND WHEREAS it appears to the Court, having regard to the maintenance debtor's record of payments pursuant to the said order and to the other circumstances of the case, that the persons for whose support the said maintenance order provides will not be prejudiced by the discharge thereof)
*(AND WHEREAS the Court is further satisfied that the said child has ceased to be a dependent child of the family)
THE COURT HEREBY ORDERS that the said maintenance order be * (DISCHARGED,
| *(DISCHARGED in so far as such order provides for the payment of £ per week for the support of ............................................................ ........................................................... born on ............ ..................................................) | *(DISCHARGED in so far as such order provides for the payment of £ per week for the support of ............................................................ ........................................................... born on ............ ..................................................) | *(DISCHARGED in so far as such order provides for the payment of £ per week for the support of ............................................................ ........................................................... born on ............ ..................................................) | *(DISCHARGED in so far as such order provides for the payment of £ per week for the support of ............................................................ ........................................................... born on ............ ..................................................) | *(DISCHARGED in so far as such order provides for the payment of £ per week for the support of ............................................................ ........................................................... born on ............ ..................................................) | *(DISCHARGED in so far as such order provides for the payment of £ per week for the support of ............................................................ ........................................................... born on ............ ..................................................) |
| Dated this | day of | 19. | 19. | 19. | 19. |
| Signed ............................................................ .......................................... | Signed ............................................................ .......................................... | Signed ............................................................ .......................................... | Signed ............................................................ .......................................... | ||
| Justice of the District Court | Justice of the District Court | Justice of the District Court | Justice of the District Court |
†Delete where inapplicable.
*Delete whichever inapplicable.
| SCHEDULE A | |
| Form 7 | Rule 9 |
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976
section 6 (1) (b)
SUMMONS TO VARY OR DISCHARGE MAINTENANCE ORDER
| District Court Area of | District No. |
| ............................................................ .......................... Maintenance Creditor | |
| ............................................................ ............................ Maintenance Debtor | |
| --- | --- |
| YOU ARE HEREBY required to appear at the sitting of the District Court at ...................................................... ............................................................ ............................................................ ............................................................ ....... | YOU ARE HEREBY required to appear at the sitting of the District Court at ...................................................... ............................................................ ............................................................ ............................................................ ....... |
| in court area and district aforesaid | in court area and district aforesaid |
| on the | on the |
of an application on behalf of the above named
| *residing | *residing | |||
| *carrying on profession, business or occupation | *carrying on profession, business or occupation | |||
| at ............................................................ ............................................................ ............................................................ ... | at ............................................................ ............................................................ ............................................................ ... | at ............................................................ ............................................................ ............................................................ ... | at ............................................................ ............................................................ ............................................................ ... | at ............................................................ ............................................................ ............................................................ ... |
| †(in court area and district aforesaid) | †(in court area and district aforesaid) | |||
| to have the Maintenance Order made at the sitting of the District Court at.......................................... ............................................................ ............................................................ ................................................... | to have the Maintenance Order made at the sitting of the District Court at.......................................... ............................................................ ............................................................ ................................................... | to have the Maintenance Order made at the sitting of the District Court at.......................................... ............................................................ ............................................................ ................................................... | to have the Maintenance Order made at the sitting of the District Court at.......................................... ............................................................ ............................................................ ................................................... | to have the Maintenance Order made at the sitting of the District Court at.......................................... ............................................................ ............................................................ ................................................... |
| on the | day of | day of | 19 | 19 |
whereby the above named maintenance debtor was ordered to pay to the above named maintenance creditor †(the sum of £ per week for her support) †(and the sum of £ per week for the support of the dependent chlidren of the family)
[image omitted] as provided by section 6 (1) (b) of the above Act.
| Dated this | day of | 19. | 19. |
| Signed ............................................................ ......................... | Signed ............................................................ ......................... | ||
| Justice of the District Court, Peace Commissioner, or District Court Clerk | Justice of the District Court, Peace Commissioner, or District Court Clerk | ||
| To | To | To | To |
| of | of | of | of |
the above named [image omitted]
†Delete where inapplicable.
*Delete whichever inapplicable.
| SCHEDULE A | |
| Form 8 | Rule 9 |
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976
section 6 (1) (b)
ORDER [image omitted] MAINTENANCE ORDER
| District Court Area of | District No. |
| ............................................................ .. Maintenance Creditor | |
| ............................................................ .. Maintenance Debtor | |
| --- | --- |
| WHEREAS by maintenance order dated | WHEREAS by maintenance order dated |
| 19, | made at the sitting of the District Court at............................................................ ........................... |
| the above named maintenance debtor | the above named maintenance debtor |
| --- | --- |
| *residing | |
| *carrying on profession, business or occupation | |
| at............................................................ ......................... | †(in court area and district aforesaid) |
was ordered to pay to the above named maintenance creditor the weekly sum of £ for her support
†(together with further weekly sum of £ for the support of each child named hereunder until such child shall attain the age of 16 years
| ............................................................ .......................... | born on............................................................ ................... |
| ............................................................ ............................ | born on............................................................ ................... |
| *[and............................................................ .................. | born on............................................................ ................... |
who has attained the age of sixteen years and is under the age of twenty-one years and who is † (will be) receiving full-time education or instruction at an educational establishment]
| †[and............................................................ ................ | born on............................................................ .. |
who has attained the age of sixteen years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him to maintain himself fully]
AND WHEREAS an application was made to the Court on the day of19 , by the said
[image omitted] for the [image omitted] of the said maintenance order,
AND WHEREAS the Court is satisfied—
| (i) that the summons herein dated | day of |
19 , was duly served on the [image omitted]
AND after hearing the evidence tendered by or on behalf of the maintenance creditor† (and the maintenance debtor)
THE COURT HEREBY ORDERS—
| 1. That the said maintenance order dated | day of |
19, be [image omitted]
†2. That the maintenance debtor pay to the maintenance creditor for her support the weekly sum of £
†3. That the maintenance debtor pay to the maintenance creditor a (further) weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of 16 years
| ............................................................ ............................ | born on............................................................ ....... |
| ............................................................ ............................ | born on............................................................ ....... |
| †(and............................................................ ................. | born on............................................................ ....... |
who has attained the age of sixteen years and is under the age of twenty-one years and who is †(will be) receiving full-time education or instruction at an educational establishment)
| †(and............................................................ ........... | born on..................................................... |
who has attained the age of sixteen years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him to maintain himself fully)
That the first of such payments †(making in all the total sum of £ weekly) be made on the day of 19
†5. That the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this order.
(AND pursuant to section 9 (1) (a)* of the above Act THE COURT DIRECTS that the payments aforesaid be made to the District Court clerk at........................................for transmission to the maintenance creditor).
(AND the maintenance creditor requesting the Court not to do so and the Court considering that it would not be proper to do so MAKES NO DIRECTION pursuant to section 9 (1) (a)* of the above Act)
| Dated this | day of | 19 . |
| Signed............................................................ ........ | ||
| Justice of the District Court |
†Delete where inapplicable.
*Delete whichever inapplicable.
| SCHEDULE A | |
| Form 9 | Rule 10 |
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976
section 7
INTERIM ORDER
| District Court Area of | District No. |
| .........................................................Applicant | |
| .........................................................Respondent | |
| --- | --- |
| WHEREAS on the hearing of a complaint on the | WHEREAS on the hearing of a complaint on the |
| 19, | brought by the above named Applicant |
| --- | --- |
| * residing | |
| * carrying on profession, business or occupation | |
| at ............................................................ ............................................................ ............................................................ | at ............................................................ ............................................................ ............................................................ |
| †(in court area and district aforesaid) that the above named respondent | †(in court area and district aforesaid) that the above named respondent |
| --- | --- |
| *residing | |
| *carrying on profession, business or occupation | |
| at ............................................................ ............................................................ ............................................................ . | at ............................................................ ............................................................ ............................................................ . |
| †(in court area and district aforesaid) |
being the spouse of the said applicant has failed to provide such maintenance as is proper in the circumstances for the above named applicant †(and the dependent children of the family),
AND WHEREAS the Court is satisfied—
| (i) that the summons herein dated | (i) that the summons herein dated | day of |
| 19, | was duly served on the respondent, | was duly served on the respondent, |
| --- | --- | --- |
| THE COURT HEREBY ORDERS that on and from | THE COURT HEREBY ORDERS that on and from | THE COURT HEREBY ORDERS that on and from |
| 19, | 19, | , up to and including |
| 19, | †(until the application for a maintenance order is adjudicated upon) the said applicant | †(until the application for a maintenance order is adjudicated upon) the said applicant |
| pay to the said respondent the weekly sum of £ . | pay to the said respondent the weekly sum of £ . | pay to the said respondent the weekly sum of £ . |
*(AND pursuant to section 9 (1) (a) of the above Act the Court DIRECTS that the payments aforesaid be made to the District Court Clerk at ................................... for transmission to the respondent)
*(AND the respondent requesting the Court not to do so and the Court considering that it would not be proper to do so MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above Act)
| Dated this | day of | 19 . |
| Signed............................................................ ....... | ||
| Justice of the District Court |
- Delete whichever inapplicable
† Delete where inapplicable
| SCHEDULE A | |
| Form 10 | Rule 12 |
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976
section 9 (1) (a) and 9 (1) (b)
NOTICE OF DIRECTION BY THE COURT THAT PAYMENTS SHALL BE
MADE TO THE DISTRICT COURT CLERK FOR TRANSMISSION TO
MAINTENANCE CREDITOR
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