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1976_si_96 IE

S.I. No. 96/1976 - District Court [Family Law (Maintenance of Spouses and Children) Act, 1976] Rules, 1976.

46 Articles / Provisions · Ireland
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Table of Provisions (46)

Statutory Text (46 Articles)

ISB SI

1. That the said respondent pay to the said applicant the weekly sum of £ for the support of such child *(for the lifetime) *(until such child attains the age of 21 years).

Dated this

day of

19.

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

Justice of the District Court

*Delete whichever inapplicable.

SCHEDULE B

Form 26A

Rule 16 (7) (A)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930

section 5 (3)

ORDER DISCHARGING AFFILIATION ORDER

District Court Area of

District No.

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

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

WHEREAS by Affiliation Order dated day of 19 , made at the sitting of the District Court at............................ in court area and district aforesaid the above named respondent of...................................... was ordered to pay to the above named applicant of .........................................the weekly sum of£ for the support of illegitimate child named.......................................... until such child attains the age of sixteen years;

AND WHEREAS an application was made to the Court on the day of 19 , by the said respondent for the discharge of the said order;

And after hearing the evidence tendered by or on behalf of the respondent *(and the applicant);

AND WHEREAS the Court is satisfied—

(i) that the summons herein was duly served on the applicant

(ii) that the person namely ..............................for whose benefit the order was made has ceased to be a child;

THE COURT HEREBY ORDERS that the said Affiliation Order dated day of 19 , be DISCHARGED

Dated this

day of

19 .

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

Justice of the District Court

*Delete where inapplicable.

GIVEN this 29th day of April, 1976.

Cathal Ó Floinn (

Chairman

)

Denis P. O'Donovan

John Carr

D. L. Ua Donnchadha

M. Cyril Maguire

R. Knight

Laurence Cullen

Niall Fennelly

Andrew Eddery

I concur in the making of the foregoing Rules.

Dated this 29th day of April, 1976.

PATRICK COONEY,

Minister for Justice.

EXPLANATORY NOTE.

These Rules, which come into operation on 6th May, 1976, regulate the practice and procedure of the District Court under the

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

, which amends the law relating to family maintenance and certain aspects of the law relating to affiliation proceedings, and introduces a system of attachment of the earnings of maintenance debtors and certain other miscellaneous reforms in family law.

ISB SI

2. That the said respondent pay to the said applicant the sum of £ being the expenses incurred incidental to the birth of the said child.

ISB SI

3. That the said respondent pay to the said applicant the weekly sum of £ for the support of the said child until such child shall attain the age of 16 years.

ISB SI

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

19 .

*5. That in lieu of weekly payments that the respondent pay to the said applicant the lump sum of £ to be paid withindays (the said respondent so consenting)

*6. That the said respondent pay to the said applicant the sum of £ being the funeral expenses of the said child.

ISB SI

5. By notice dated day of 19 I have been requested in writing by the maintenance creditor to take such steps as I consider reasonable to recover the sums in arrear.

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

ISB SI

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.

SCHEDULE A

Form 29

Rule 31

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

section 9 (2)

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† (

section 9

of the

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

† (

section 3

(10) of the

Illegitimate Children (Affiliation Orders) Act, 1930

, inserted by

section 28

of the

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

) (payments under the order referred to herein are to be paid and the person authorised to take these proceedings)

†[that by *maintenance order/variation order/*interim order dated day of 19 , made at the sitting of the District Court at ........................ the maintenance debtor of ........................................... was ordered to pay to the maintenance creditor of ................................... the weekly sum of £ for her support †(and the sum of £ per week for the support of the dependent children of the family) †(together with the sum of £ for costs and expenses] † [that by Affiliation Order dated day of 19 made at the sitting of the District Court at ............................................................ ................................................. the maintenance debtor of ............................................................ ............................................................ ............... was ordered to pay to the maintenance creditor

of ............................................................ .. the sum of £ per week for the maintenance and education of illegitimate child named ..................................... *(together with the sum of £ for costs and expenses)

AND WHEREAS the payments directed to be made by the said 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 notice dated day of 19 the said clerk was requested in writing by the maintenance creditor to take such steps as he considers reasonable to recover the sums in arrear.

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 recognizance 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 thesaid .................... 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

†Delete where inapplicable.

SCHEDULE A

Form 30

Rule 32

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

section 9 (2)

ENFORCEMENT OF COURT ORDERS ACT, 1940

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 †

section 9

of the

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

†(

section 3

(10) of the

Illegitimate Children (Affiliation Orders) Act 1930

, inserted by

section 28

of the

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

) (payments under the order referred to herein are to be paid and the person authorised to take these proceedings)

†[that by *maintenance order/*variation order/*interim order dated day of 19, made at the sitting of the District Court at ................................the maintenance debtor of.................................... was ordered to pay to the maintenance creditor

of............................................................ ........................the weekly sum of £ for her support †(and the sum of £ per week for the support of the dependent children of the family) †(together with the sum of £ for costs and expenses] †[that by Affiliation Order dated day of 19, made at the sitting of the District Court at ............................................................ ................................................. the maintenance debtor of ............................................................ ............................................................ ............... was ordered to pay to the maintenance creditor

of ............................................................ ................. the sum of £ per week for the maintenance and education of illegitimate child named ............................................................ .......†(together with the sum of £ for costs and expenses)]

AND WHEREAS the payments directed to be made by the said 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 notice dated day of 19 the said clerk was requested in writing by the maintenance creditor to take such steps as he considers reasonable to recover the sums in arrear.

THIS IS TO COMMAND YOU to appear at the sitting of the District Court at .......................................... in court area and district aforesaid 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

the above named maintenance debtor

SCHEDULE A

Form 31

Rule 34

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

section 9 (2)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

WARRANT OF COMMITTAL

District Court Area of

District No.

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

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

WHEREAS the above named maintenance debtor of............................................................ ....................

was this day before me, at a sitting of the District Court at............................................................ ..........

in court area and district aforesaid, on foot of a

*warrant

reciting that:—

*summons

ISB SI

7. That the said respondent pay to the said applicant the sum of £ being the costs incurred in obtaining this order.

† (AND pursuant to section 3 (10) of the above Act (inserted by

section 28

of the

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

, the COURT DIRECTS that the payments aforesaid be made to the District Court Clerk at ......................................for transmission to the said applicant).

†(AND the said applicant 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 3 (10) of the above Act (inserted by

section 28

of the

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

).

Dated this

day of

19.

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

Justice of the District Court

(

a

) State whether "single woman" or "widow" or "married woman living separate from her husband" or "married woman not living separate from her husband whom she married on the day of 19 "

(

b

) Insert "is still alive" or "died on the day of 19"

(

d

) Insert "mother" or "illegitimate child"

*Delete where inapplicable.

†Delete whichever inapplicable.

SCHEDULE B

Form 22

Rule 16 (3)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930

ORDER UNDER SECTION 4 (3) (

d

)

District Court Area of

District No.

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

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

WHEREAS by Affiliation Order dated day of 19 , made at the sitting of the District Court at............................ the above named respondent of..........................was ordered to pay to the above named applicant of.............................................. the weekly sum of £ for the support of illegitimate child named.............................. born on day of 19 , until such child attains the age of 16 years

AND WHEREAS an application was made to the Court on the day of 19 , by the said applicant for an Order continuing

the said payments *(for the lifetime of such child) *(until such child attains the age of 21 years)

AND WHEREAS the Court is satisfied—

(i) that the summons herein dated day of 19 was duly served on the respondent

*(ii) that the said child will, on account of physical or mental disability, be unable to maintain himself fully

*(iii) that the said child *(is) *(will be) attending an educational institutionTHE COURT HEREBY ORDERS—

ISB SI

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.

ISB SI

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.

ISB SI

10. An interim order under section 7 of the Act shall be in accordance with Form 9.

ISB SI

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.

ISB SI

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.

ISB SI

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.

ISB SI

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.

ISB SI

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.

ISB SI

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

.

ISB SI

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

ISB SI

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.

ISB SI

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.

ISB SI

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.

ISB SI

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.

ISB SI

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.

ISB SI

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.

ISB SI

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.

ISB SI

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.

ISB SI

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.

ISB SI

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.

ISB SI

28. Where an attachment of earnings order ceases to have effect the district court clerk shall notify (Form 27) the employer accordingly.

ISB SI

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

ISB SI

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).

ISB SI

31. A warrant of arrest which may be issued on foot of such information shall be in accordance with Form 29.

ISB SI

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.

ISB SI

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.

ISB SI

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.

ISB SI

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

ISB SI

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).

ISB SI

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.

ISB SI

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.

ISB SI

39. A summons under section 22 (3) of the Act shall be in accordance with Form 38.

GENERAL

ISB SI

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.

ISB SI

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.

ISB SI

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.

ISB SI

43. Proof of service of any summons or any order requiring to be served by these Rules shall be by statutory declaration of service.

ISB SI

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.

ISB SI

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

THE DISTRICT COURT

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 No.

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

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

WHEREAS a complaint has been made by

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

the above applicant

*residing

*carrying on profession, business or occupation

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

† (in court area and district aforesaid)

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

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

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

day of

19

, at

.m.

Dated this

day of

19.

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

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 No.

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

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

WHEREAS a complaint has been made by ............................................................ ...............................................

the above named applicant

*residing

*carrying on profession, business or occupation

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

† (in court area and district aforesaid)

that you ............................................................ ............................................................ ................................................

the above named respondent

*residing

*carrying on profession, business or occupation

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

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

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

day of

19

, at

.m.

Dated this

day of

19.

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

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

day of

19,

brought by the above named maintenance creditor

*residing

*carrying on profession, business or occupation

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

†(in court area and district aforesaid) that the above named maintenance debtor

*residing

*carrying on profession, business or occupation

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—

(i) that the summons herein dated

day of

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]

ISB SI

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:—

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