S.I. No. 58/1975 - District Court (Maintenance Orders Act, 1974) Rules, 1975

1. That the said Affiliation Order dated day of

19 , be

†That the said respondent pay to the said applicant the sum of £ per week for the support of the illegitimate child named............................

†3. That the first of such weekly payments be made on the day of

19 ,

†4. That the said respondent pay to the said applicant the sum of £

being the costs incurred in obtaining this order.

Dated this day of 19 .

Signed ............................................................ ...........

Justice of the District Court

*Delete whichever inapplicable

†Delete where inapplicable

Form 23

Rule 13

Rule 14 (2) (a)

MAINTENANCE ORDERS ACT, 1974

section 19

NOTICE TO MAINTENANCE DEBTOR OF THE MAKING OF

MAINTENANCE ORDER

District Court Area of

District No.

............................. Maintenance Creditor

............................... Maintenance Debtor

TAKE NOTICE that at the sitting of the District Court at

on the day of 19 , an Order was made against you, the above named maintenance debtor to the following effect:—

Dated this day of 19 .

Signed ............................................................ ............

District Court Clerk for above court area

To

of

Maintenance debtor

*Set out Order of the Court

Form 24

Rule 14 (1)

MAINTENANCE ORDERS ACT, 1974

section 19

APPLICATION TO HAVE MAINTENANCE ORDER TRANSMITTED TO RECIPROCATING JURISDICTION FOR ENFORCEMENT

District Court Area of

District No.

............................. Maintenance Creditor

................................ Maintenance Debtor

By maintenance order dated day of 19 , and made at the sitting of the District Court at the above named maintenance debtor was ordered to pay to me, the above named maintenance creditor of ............................................................ ....................... in court area and district aforesaid, the sum of £ per week *(together with the sum of £ for costs and expenses).

The said maintenance debtor is now residing at ........................................ ........................................ and I, pursuant to the above Act, hereby apply to have the said maintenance order transmitted to the appropriate jurisdiction for enforcement.

Dated this day of 19 .

Signed ............................................................ ...........

Maintenance Creditor

To the District Court Clerk

at

*Delete where inapplicable

Form 25

Rule 14 (2) (b) (iii)

MAINTENANCE ORDERS ACT, 1974

section 19

CERTIFICATE THAT MAINTENANCE ORDER IS ENFORCEABLE IN THE STATE AND THAT NOTICE THEREOF HAS BEEN SENT TO MAINTENANCE DEBTOR

District Court Area of

District No.

............................. Maintenance Creditor

............................... Maintenance Debtor

I hereby certify that the maintenance order (a certified copy of which is enclosed herewith) is enforceable in this State.

I further hereby certify that notice of such order was sent by registered prepaid post on the day of 19 , to the maintenance debtor at the following address—

Dated this day of 19 .

Signed ............................................................ ...........

District Court Clerk for above court area

Form 26

Rule 14 (2) (b) (iv)

MAINTENANCE ORDERS ACT, 1974

section 19

CERTIFICATE OF ARREARS

District Court Area of

District No.

............................. Maintenance Creditor

............................... Maintenance Debtor

I hereby certify that the payments directed to be made under the maintenance order (a certified copy of which is enclosed herewith)

*[have not been paid in full, and that there is, according to the best of my information and belief, in arrear the sum of £ being the amount of weekly payments which have become due and payable up to and including the day of 19 , (together with the sum of £ for costs and expenses making in all the total sum of £ ).

I further certify that this sum does not include payments falling due prior to the 1st day of April, 1975, being the date of commencement of the

Maintenance Orders Act, 1974

].

*[have been paid in full up to and including the day of 19 , and that there are no arrears due].

Dated this day of 19 .

Signed ............................................................ ...........

District Court Clerk for above court area

*Delete whichever inapplicable

Form 27

Rule 14 (2)

MAINTENANCE ORDERS ACT, 1974

section 19

SCHEDULE OF DOCUMENTS

District Court Area of

District No.

Proceedings between .........................................

of ............................................................ ................................

and

............................................................ ...................................

of ............................................................ ...............................

Application has been made to me, the district court clerk for the above court area, to have the maintenance order referred to herein transmitted to the appropriate jurisdiction for enforcement and in this regard I am enclosing herewith the following documents :—

Dated this day of 19 .

Signed ............................................................ ...........

District Court Clerk for above court area

To the Master of the High Court

Four Courts

Dublin 7

____________________________

The documents particulars of which are set out above have been received by me on the day of 19 .

Dated this day of 19 .

Signed ............................................................ ............

Master of the High Court

To the District Court Clerk

at

Form 28

Rule 15

MAINTENANCE ORDERS ACT, 1974

section 20

REQUEST FOR THE TAKING OF EVIDENCE OF PERSON

RESIDING IN RECIPROCATING JURISDICTION

District Court Area of

District No.

Proceedings between .........................................

of ............................................................ ............................

and

............................................................ ...............................

of ............................................................ ............................

The above proceedings are at present at hearing before the District Court at..........................

The nature of the proceedings is as follows:—

The Court now requests that the evidence of ............................................................ .......................

of ............................................................ ............................................................ ..................................................

be taken regard the following matters* (and that the following questions be asked of the said ............................................................ ............................................................ ..................).

Dated this day of 19 .

Signed ............................................................ ....................

Justice of the District Court

To the Master of the High Court

Four Courts

Dublin 7

*Delete where inapplicable

Form 29

Rule 16 (1)

MAINTENANCE ORDERS ACT, 1974

section 21

SUMMONS FOR ATTENDANCE OF PERSON TO GIVE EVIDENCE

District Court Area of

District No.

Maintenance proceedings between .........................................

of ............................................................ .....................................

and

............................................................ ..........................................

of ............................................................ ......................................

WHEREAS for the purpose of the above mentioned maintenance proceedings in the*

a request has been received by the Master of the High Court for the taking in the State of evidence from you relating to the following matters specified in the request:—

AND WHEREAS the Master has requested the justice of the District Court assigned to the above-mentioned District to take such evidence;

YOU ARE HEREBY REQUIRED to appear before the said justice at

on the day of 19 , at .m. for the purpose of giving such evidence.

Dated this day of 19 .

Signed ............................................................ ............

District Court Clerk for above court area

To

of

*State name of Court

Form 30

Rule 16 (2)

MAINTENANCE ORDERS ACT, 1974

DEPOSITION

District Court Area of

District No.

Proceedings between .........................................

of ............................................................ .......................................

and

............................................................ ...........................................

of ............................................................ .......................................

At present at hearing before*............................................................ .....................................................

at ............................................................ ............................................................ ......................................................

The deposition of ............................................................ ............................................................ .............

of ............................................................ ............................................................ .......................................................

who says on oath:—

Signed ............................................................ ............

Deponent

Taken before me this day of 19 , at ............................................................ ..........

Signed ............................................................ ............

Justice of the District Court

I certify that the foregoing deposition record the evidence given before me by the deponent.

Signed ............................................................ ............

Justice of the District Court

*State name of Court

GIVEN this 18th day of March, 1975.

CATHAL Ó FLOINN, Chairman

D. L. Ua DONNCHADHA

W. A. OSBORNE

RICHARD KNIGHT

ANDREW EDDERY

I concur in the making of the forgoing Rules.

Dated this 19th day of March, 1975.

PATRICK COONEY

Minister for Justice

EXPLANATORY NOTE

These Rules, which come into operation on 1st April, 1975, regulate the practice and procedure of the District Court under the

Maintenance Orders Act, 1974

, which makes provision in relation to the reciprocal recognition and enforcement of maintenance orders as between the State and Northern Ireland, England and Wales and Scotland.

2. The Master of the High Court on the day of 19 , made an enforcement order in respect of such maintenance order.

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 defendant pay to his wife, the said complainant, the sum of £ being the costs incurred in obtaining this Order.

Dated this day of 19 .

Signed............................................................ ........

Justice of the District Court

*Delete where inapplicable

Form 20

Rule 13

MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION)

ACT, 1886 (AS AMENDED)

MAINTENANCE ORDERS ACT, 1974

section 17

District Court Area of

District No.

........................................ Complainant

............................................ Defendant

WHEREAS by maintenance order dated day of 19 made at the sitting of the District Court at the above named defendant now residing at ............................................... was ordered to pay to the complainant herein residing at ............................................................ ...... in the court area and district of aforesaid for her support the weekly sum of £

†[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

............................................................ .............

............................................................ .........

born on

............................................................ .............

............................................................ .........

born on

............................................................ .............

............................................................ .........

born on

............................................................ .............

AND WHEREAS an application was made to the Court on the day

of 19 , by the said

for

of the said maintenance order,

AND after hearing the evidence tendered by or on behalf of the complainant †(and the defendant);

AND WHEREAS the Court is satisfied—

(i) that notice of the institution of these proceedings was served on the defendant at ............................................................ ........ in accordance with the law of that place,

(ii) that such notice was served on the defendant in sufficient time to enable him to arrange for his defence, and

(iii) that such notice included a statement of the substance of the said application.

THE COURT HEREBY ORDERS—

4. That the first of such payments (making in all the total sum of £ weekly) be made on the day of 19 .

†5. That the said defendant pay to his wife, the said complainant, the sum of £ being the costs incurred in obtaining this order.

Dated this day of 19 .

Signed ............................................................ ............

Justice of the District Court

*Delete whichever inapplicable

†Delete where inapplicable

Form 21

Rule 13

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930

(AS AMENDED)

MAINTENANCE ORDERS ACT, 1974

section 17

AFFILIATION ORDER

District Court Area of

District No.

........................................... Applicant

........................................... Respondent

WHEREAS an application was made this day for an Affiliation Order by the above named applicant, who is (a)

residing at ............................................................ ............................................................ ....

in the court area and district aforesaid and who was delivered of an illegitimate child named on the day of 19 ;

AND WHEREAS an information, on oath and in writing, was made by the applicant on the day of 19 , identifying the above named respondent

of ............................................................ .................................. as the father of the said illegitimate child,

AND after hearing the evidence tendered by or on behalf of the applicant and evidence of corroboration in a material particular of the applicant's evidence,

*AND after hearing the evidence tendered by or on behalf of the respondent;

AND WHEREAS the Court is satisfied—

[(i) that the said respondent *contributed to the maintenance of the said child within six months after its birth, *was not resident in the State at the date of the birth of the said child and first entered the State within six months immediately prior to the institution of these proceedings, *was resident in the State at the date of the birth of the said child but ceased to be so resident within six months after the date of the said birth and first entered the State after such cesser within six months immediately prior to the institution of these proceedings,]

(ii) that the said child (b) ,and

(iii) that the said respondent is the father of the said child;

AND WHEREAS the Court is further satisfied—

(i) that notice of the institution of these proceedings was served on the respondent at......................... in accordance with the law of that place,

(ii) that such notice was served on the respondent in sufficient time to enable him to arrange for his defence, and

(iii) that such notice included a statement of the substance of the said application.

THE COURT HEREBY ORDERS—

5. By letter dated day of 19 , I have been requested in writing by the maintenance creditor to make application under

section 8

of the

Enforcement of Court Orders Act, 1940

.

I wish to refer to the said letter when produced upon which marked with the letter "C" I have endorsed my name prior to the swearing hereof.

6. I therefore apply for the issue of a warrant for the arrest of the said

............................................................ ............................................................ ..............................................

Signed............................................................ .......

Informant

SWORN before me this

day of 19 .

Signed............................................................ .......

Justice of the District Court

*State Court which made order

Form 4

Rule 7 (2)

MAINTENANCE ORDERS ACT, 1974

section 14 (8) (b)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

WARRANT OF ARREST

District Court Area of

District No.

...............................Maintenance Creditor

.................................Maintenance Debtor

WHEREAS an information and complaint has been made on oath and in writing by

the district court clerk for the above court area (he being the person to whom, pursuant to sections 14 (8) (

a

) and 14 (8) (

b

) of the

Maintenance Orders Act, 1974

, payments under the maintenance order referred to herein are to be paid and the person authorised to take these proceedings) that by maintenance order made on the day of 19 ,

by*

the maintenance debtor

now residing at ............................................................ ............................................. in court area and district aforesaid was ordered to pay the sum of £ per week (together with the sum of £ for costs and expenses) to............................................................ ............................................................ ....................................................

of............................................................ ............................................................ ....................................................

(hereinafter referred to as the maintenance creditor);

AND WHEREAS the Master of the High Court on the day of 19 , made an enforcement order in respect of such maintenance order;

AND WHEREAS the payments directed to be made by the said maintenance order as ordered to be enforced by the said enforcement order have not been duly made according thereto and there is now in arrear in respect of same the sum of £ , being the amount of weekly payments, which have become due and payable within the six months immediately preceding this date (together with the sum of £ for costs and expenses making in all the sum of £ );

AND WHEREAS by letter dated day of 19 , the said clerk was requested in writing by the maintenance creditor to make application under

section 8

of the

Enforcement of Court Orders Act, 1940

.

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said ..................

of ............................................................ ............................................................ ...................................................

and to bring him before me or another justice to be dealt with according to law.

Dated this day of 19 .

Signed............................................................ .......

Justice of the District Court

To the Superintendent of the Garda Síochána

at

†

ENDORSEMENT AS TO RELEASE ON BAIL

I hereby direct that the person named in this warrant be on arrest released on entering into a recognisance himself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each conditioned for the appearance of the said ................................................... at the sitting of the District Court in District No.

next following the date of his arrest.

Dated this day of 19 .

Signed............................................................ .......

Justice of the District Court

*State Court which made order

†Delete where inapplicable

Form 5

Rule 7 (3)

MAINTENANCE ORDERS ACT, 1974

section 14 (8) (b)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

SUMMONS FOR ATTENDANCE OF MAINTENANCE DEBTOR

District Court Area of

District No.

...............................Maintenance Creditor

.................................Maintenance Debtor

WHEREAS an information and complaint has been made on oath and in writing by

the district court clerk for the above court area (he being the person to whom, pursuant to sections 14 (8) (

a

) and 14 (8) (

b

) of the

Maintenance Orders Act, 1974

, payments under the maintenance order referred to herein are to be paid and the person authorised to take these proceedings) that by maintenance order made on the day of 19 , by*

the maintenance debtor

now residing at. ............................................................ ........................in court area and district aforesaid was ordered to pay the sum of £ per week (together with the sum of £ for costs and expenses)

to ............................................................ ............................................................ ...................................................

of ............................................................ ............................................................ ...................................................

(hereinafter referred to as the maintenance creditor);

AND WHEREAS the Master of the High Court on the day of 19 , made an enforcement order in respect of such maintenance order;

AND WHEREAS the payments directed to be made by the said maintenance order as ordered to be enforced by the said enforcement order have not been duly made according thereto and there is now in arrear in respect of same the sum of £ being the amount of weekly payments which have become due and payable within the six months immediately preceding this date (together with the sum of £ for costs and expenses making in all the sum of £ );

AND WHEREAS by letter dated day of 19 , the said clerk was requested in writing by the maintenance creditor to make application under

section 8

of the

Enforcement of Court Orders Act, 1940

.

THIS IS TO COMMAND YOU to appear at the sitting of the District Court at

on the day of 19 , at .m. to answer the said complaint.

Dated this day of 19 .

Signed............................................................ .......

Justice of the District Court

To

of

Maintenance Debtor

*State Court which made order

Form 6

Rule 7 (5)

MAINTENANCE ORDERS ACT, 1974

section 14 (8) (b)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

WARRANT OF ARREST

(non-appearance on summons)

District Court Area of

District No.

...............................Maintenance Creditor

.................................Maintenance Debtor

WHEREAS on the day of 19 , a summons was issued requiring ............................................................ ............................................................ ......................................................

of ............................................................ ....................................... to appear at the sitting of the District Court at

on the day of 19 , at .m. to answer a complaint that payments due by him under an enforceable maintenance order had not been duly made;

AND WHEREAS the said ............................................................ ..................................................... has failed to appear at the said time and place;

AND WHEREAS it has been proved that the summons was duly served on the said ............................................................ .................... in accordance with law.

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said ............................................................ ............................................................ .....................................................

of ............................................................ ............................................................ ................................................... and bring him before me or another justice to be dealt with according to law.

Dated this day of 19 .

Signed............................................................ .......

Justice of the District Court

To the Superintendent of the Garda Síochána

at

Form 7

Rule 9 (1)

MAINTENANCE ORDERS ACT, 1974

section 14 (8) (b)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

WARRANT OF COMMITTAL

District Court Area of

District No.

............................... Maintenance Creditor

................................. Maintenance Debtor

WHEREAS ............................................................ ............................................................ ........................

of ............................................................ ............................................................ .................................................. (hereinafter referred to as the maintenance debtor) was this day before me, at a sitting of the District Court at

in court area and district aforesaid, on foot of a

reciting that:—

8. On the hearing of the application referred to in Rule 7 (1) the district court clerk shall tender as evidence—

(

a

) a copy of the maintenance order,

(

b

) a copy of the enforcement order made by the Master of the High Court,

(

c

) the request in writing received by him from the maintenance creditor, and

(

d

) any other relevant document.

Such clerk shall also prove the amount of arrears due.

9.—(1) Where pursuant to

section 8

(1) of the

Enforcement of Court Orders Act, 1940

, the court makes an order for the imprisonment of the maintenance debtor the warrant of committal shall be in accordance with Form 7.

(2) 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 8.

(3) Where any such order is made the district court clerk shall by notice (Form 9) notify the maintenance creditor of the making of same.

INSTITUTION OF PROCEEDINGS AGAINST A PERSON RESIDING IN A RECIPROCATING JURISDICTION

10. Where proceedings are instituted against a person residing in a reciprocating jurisdiction for the making, variation or revocation of a maintenance order, pursuant to section 17 of the Act, the district court clerk to whom the complaint or application is made, shall send the following documents to the Master of the High Court by registered prepaid post—

(

a

) notice of the institution of the proceedings (Forms 10 to 14, as the case may be),

(

b

) a statement (Form 15) signed by such clerk giving such information as he possesses as to the whereabouts of the person against whom the proceedings have been instituted,

(

c

) a statement (Form 16) signed by such clerk giving such information as he possesses for facilitating the identification of that person,

(

d

) where available, a photograph of that person, and

(

e

) any other relevant document.

Such clerk shall also send with the aforesaid documents a Schedule thereof in duplicate (Form 17).

11. When proof of service of the notice of institution of proceedings has been received by the district court clerk he shall list the proceedings for hearing before the court on a date not earlier than twenty-one days after the date on which the notice of the institution of proceedings was served, and shall by notice (Form 18) inform both parties to the proceedings by registered prepaid post of the date, time and place of such hearing.

12. On the hearing of the proceedings the district court clerk shall produce to the court any communication or correspondence received by him.

13. The order of the court hearing the proceedings shall be in accordance with Forms 19 to 22, as the case may be. Notice of the making of any such order (Form 23) shall be sent by the district court clerk by registered prepaid post to the person against whom the order is made.

TRANSMISSION OF MAINTENANCE ORDERS TO RECIPROCATING JURISDICTION FOR ENFORCEMENT

14.—(1) An application by a maintenance creditor to have a maintenance order made by the District Court enforced against a person residing in a reciprocating jurisdiction, pursuant to section 19 of the Act, shall be by notice which shall be in accordance with Form 24.

(2) The district court clerk to whom such application is made shall, if it appears to him that the maintenance debtor is residing in a reciprocating jurisdiction,

(

a

) send notice of the order (Form 23) by registered prepaid post to the maintenance debtor, and

(

b

) send by registered prepaid post to the Master of the High Court the following documents—

(i) a certified copy of the maintenance order,

(ii) in the case of a maintenance order made in default of appearance, the original or a certified copy of the document which establishes that notice of the institution of the proceedings was served on the person in default,

(iii) a certificate (Form 25) signed by such clerk certifying that the maintenance order is enforceable in the State and that notice thereof has been sent to the maintenance debtor by registered post,

(iv) a certificate (Form 26) signed by such clerk of any arrears under the order,

(v) a statement (Form 15) signed by such clerk giving such information as he possesses as to the whereabouts of the maintenance debtor,

(vi) a statement (Form 16) signed by such clerk giving such information as he possesses for facilitating the identification of the maintenance debtor,

(vii) where available, a photograph of the maintenance debtor, and

(viii) any other relevant document.

Such clerk shall also send with the aforesaid documents a Schedule thereof in duplicate (Form 27).

(3) Where a maintenance order, which is being enforced by a court in a reciprocating jurisdiction is varied or revoked, the district court clerk shall send a certified copy of such variation order or revocation order, as the case may be, to such court.

OBTAINING OF EVIDENCE FROM COURT IN RECIPROCATING JURISDICTION

15. A request for the taking of evidence of a person residing in a reciprocating jurisdiction, pursuant to section 20 of the Act, shall be in accordance with Form 28, and shall be sent, by registered prepaid post, by the district court clerk to the Master of the High Court for transmission by him to the appropriate authority in the reciprocating jurisdiction.

TAKING OF EVIDENCE FOR COURT IN RECIPROCATING JURISDICTION

16.—(1) Where pursuant to section 21 of the Act a justice of the District Court receives a request from the Master of the High Court for the taking of evidence of a person residing in such justice's district, the justice shall cause the district court clerk for the court area in which such person resides to sign and issue a summons (Form 29) directed to such person requiring him to appear before such justice at a specified date, time and place to give evidence in relation to the subject matter of the request.

(2) The evidence of such person shall be taken on oath and in writing in accordance with Form 30.

(3) Such evidence may, at the discretion of the justice, be taken in chambers.

(4) The procedure contained in Rules 53 and 54 of the District Court Rules, 1948 (S.R. & O. 1947, No. 431), for the purpose of procuring the attendance of a person who fails or refuses to attend or when present in court refuses to take the oath or refuses to give evidence shall apply to the taking of evidence under this rule.

(6) When the evidence has been taken the clerk shall transmit same by registered prepaid post to the Master of the High Court.

PROVISIONS REGARDING SUMMONSES AND WARRANTS

17. 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.

18. The provisions regarding the addressing and execution of warrants in criminal proceedings contained in the District Court Rules, 1948 (S.R. & O. 1947, 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.

SCHEDULE OF FORMS

General heading to be used for all forms:—

THE DISTRICT COURT

Form 1

Rule 4 (1) (b)

MAINTENANCE ORDERS ACT, 1974

section 14 (8) (a)

NOTICE THAT PAYMENTS HAVE BECOME PAYABLE TO THE DISTRICT COURT CLERK FOR TRANSMISSION TO MAINTENANCE CREDITOR

District Court Area of

District No.

...............................Maintenance Creditor

...............................Maintenance Debtor

You are hereby given notice that the sums, particulars of which are set out below, payable by you under a maintenance order made on the day of 19 , by*

and in respect of which an enforcement order was made by the Master of the High Court on the day of 19 , have pursuant to section 14 (8) (a) of the above Act become payable to the district court clerk for the above court area for transmission to the maintenance creditor.

Payments under the order (including payments in respect of any sums due at the date of the receipt by you of this notice) should henceforth, until further notice, be paid to the district court clerk at between the hours of and Monday to Friday.

Dated this day of 19 .

Signed ............................................................ ...........

District Court Clerk for above court area

PARTICULARS

(Insert particulars of sums due)

Total amount due at date of this notice (including any arrears, costs and expenses)

£

In addition to this amount you are obliged to pay £ per week in accordance with the order.

To

of

Maintenance Debtor

NOTE:—Section 14 (9) of the Act provides as follows:— "A maintenance debtor under an enforceable maintenance order shall give notice to the district court clerk for the district court area in which he has been residing of any change of address and, if he fails without reasonable cause to do so, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds."

*State Court which made order

Form 2

Rule 6 (1) (b)

MAINTENANCE ORDERS ACT, 1974

CERTIFICATE OF ARREARS

District Court Area of

District No.

...............................Maintenance Creditor

.................................Maintenance Debtor

I hereby certify that the sums payable to the district court clerk for the above court area on behalf of............................................................ ............................................................ ...................................................

of............................................................ ............................................................ ...................................................

by............................................................ ............................................................ ..................................................

now residing at............................................................ ............................................................ ............................

under a maintenance order made on the day of 19 , by*

and in respect of which an enforcement order was made by the Master of the High Court on the day of 19 ,

†[have not been paid in full, and that there is, according to the best of my information and belief, in arrear the sum of £ being the amount of weekly payments which have become due and payable up to and including the day of 19 , (together with the sum of £ for costs and expenses making in all the total sum of £ )].

†[have been paid in full up to and including the day of 19 , and that there are no arrears due]

Dated this day of 19 .

Signed ............................................................ ...........

District Court Clerk for above court area

*State Court which made order

†Delete whichever inapplicable

Form 3

Rule 7 (1)

MAINTENANCE ORDERS ACT, 1974

section 14 (8) (b)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

INFORMATION

District Court Area of

District No.

...............................Maintenance Creditor

.................................Maintenance Debtor

The information of ............................................................ ............................................................ ......................

of............................................................ ............................................................ ....................................................

who says on oath:—

S.I. No. 58 of 1975.

DISTRICT COURT (MAINTENANCE ORDERS ACT, 1974) RULES, 1975

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:—