lrc_1976_act_11

(LRC Revised)

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LRC Revised Act

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976 REVISED Updated to 4 May 2020 (LRC Revised) Open official source

Number 11 of 1976

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976

REVISED

Updated to 4 May 2020

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Family Law (Maintenance of Spouses and Children) Act 1976

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Emergency Measures in the Public Interest (Covid-19) Act 2020

(2/2020), enacted 27 March 2020, and all statutory instruments up to and including

the

Planning and Development Act 2000 (Subsection (4) of Section 251A) (No. 2) Order 2020

(S.I. No. 165 of 2020), made 8 May 2020, were considered in the preparation of this

Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

revisedacts@lawreform.ie.

Number

1976

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976

REVISED

Updated to 4 May 2020

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

Short title.

Commencement.

Interpretation.

Commencement of periodical payments.

PART II

Maintenance of Spouses and Dependent Children

Maintenance order.

5A.

Maintenance order (provision for certain dependent children).

5B.

Maintenance order (liability of cohabitant to other cohabitant in respect of child

of other cohabitant).

5C.

Maintenance order (liability of cohabitant to any person in respect of child of other

cohabitant).

Discharge, variation and termination of maintenance order.

Interim order.

Orders in respect of certain marital agreements.

8A.

Orders in respect of certain other agreements.

8B.

Preservation of pension entitlements in separation agreements.

Transmission of payments through District Court clerk.

PART III

Attachment of Earnings

9A.

Failure to make payments to be contempt of court.

9B.

Certificate of outstanding payments.

10.

Attachment of earnings order.

11.

Compliance with attachment of earnings order.

12.

Application of sums received by District Court clerk.

13.

Statement as to earnings.

14.

Notification of changes of employment and earnings.

15.

Power to determine whether particular payments are earnings.

16.

Persons in service of State, local authority etc.

17.

Discharge, variation and lapse of attachment of earnings order.

18.

Cesser of attachment of earnings order.

19.

Provisions in relation to alternative remedies.

20.

Enforcement.

PART IV

Miscellaneous

21.

Property in household allowance.

21A.

Birth and funeral expenses of dependent child.

22.

Barring of spouse from family home.

23.

Jurisdiction of Courts.

24.

Payments to be without deduction of income tax.

25.

Conduct of Court proceedings.

26.

Costs.

27.

Voidance of certain provisions of agreements.

28.

Amendment of Illegitimate Children (Affiliation Orders) Act, 1930, and Courts Act,

1971.

29.

Amendment of Enforcement of Court Orders Act, 1940.

30.

Repeals.

Acts Referred to

Illegitimate Children (Affiliation Orders) Act, 1930

1930, No. 17

Guardianship of Infants Act, 1964

1964, No. 7

Maintenance Orders Act, 1974

1974, No. 16

Enforcement of Court Orders Act, 1940

1940, No. 23

Local Government Act, 1941

1941, No. 23

Harbours Act, 1946

1946, No. 9

Vocational Education Act, 1930

1930, No. 29

Agriculture Act, 1931

1931, No. 8

Statute of Limitations, 1957

1957, No. 6

Courts of Justice Act, 1924

1924, No. 10

Courts Act, 1971

1971, No. 36

Adoption Act, 1952

1952, No. 25

Married Women (Maintenance in case of Desertion) Act, 1886

1886, c. 52

Defence Act, 1954

1954, No. 18

Number

1976

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976

REVISED

Updated to 4 May 2020

AN ACT TO MAKE PROVISION FOR PERIODICAL PAYMENTS BY A SPOUSE FOR THE SUPPORT OF THE

OTHER SPOUSE AND ANY DEPENDENT CHILDREN OF THE FAMILY OF THE SPOUSES IN CERTAIN CASES

OF FAILURE BY THE SPOUSE TO PROVIDE REASONABLE MAINTENANCE, TO ENABLE PAYMENTS TO

BE MADE BY AN EMPLOYER, BY DEDUCTIONS FROM AN EMPLOYEE’S EARNINGS, TO A PERSON ENTITLED UNDER CERTAIN COURT ORDERS TO PERIODIC PAYMENTS FOR

MAINTENANCE FROM THE EMPLOYEE, TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS

AFORESAID AND TO AMEND IN OTHER RESPECTS THE LAW RELATING TO PARENTS AND CHILDREN.

th April

, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

Certain orders deemed to be orders made under Act (25.11.2019) by

European Union (Hague Maintenance Convention) Regulations 2019

(S.I. No. 594 of 2019), reg. 14(4).

Enforcement in District Court of recognition order or declaration of enforceability

14. ...

(4) Where the District Court has jurisdiction to enforce an enforceable maintenance

order that order shall be deemed to be an order, made on the date of the decision

to which the enforceable maintenance order relates, of the District Court under section

5, 5A, 5B or 5C of the Act of 1976 as may be appropriate for the purposes of exercising

that jurisdiction and an order for the purposes of —

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

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

6 of the Act of 1976.

(5) The District Court has jurisdiction under this Regulation notwithstanding that

an amount payable under an enforceable maintenance order exceeds the maximum amount

the District Court has jurisdiction to award under an enactment referred to in paragraph

(4).

...

Application of Act modified (25.11.1995) by

Maintenance Act 1994

(28/1994), s. 4(2)(a), S.I. No. 288 of 1995; as substituted (10.03.2012) by

Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012

(7/2012), s. 2(1)(b), commenced on enactment.

Central Authority.

— ...

(2)

[

(a) For the purposes of section 8 of the Enforcement of Court Orders Act 1940 (as

amended by section 63 of the Civil Law (Miscellaneous Provisions) Act 2011), the Acts

of 1976, 1995, 1996 and 1998, the Brussels I Regulation, and the 2007 Lugano Convention,

the Central Authority shall have authority to act on behalf of a maintenance creditor

or of a claimant (as defined in section 13(1)), and references therein to a maintenance

creditor or to such a claimant shall be construed as including references to that

Authority.

]

...

Power of court to discharge order made under Act and continuance of orders under

certain circumstances provided (27.02.1997) by

Family Law (Divorce) Act 1996

(33/1996), s. 26, commenced as per s. 1(2).

Orders under Acts of 1976, 1989 and 1995

26.

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

(a) a maintenance order, an order varying a maintenance order, or an interim order

under the Act of 1976,

...

is in force, an application is made to the court by a spouse to whom the first-mentioned

order relates for an order granting a decree of divorce or an order under this Part,

the court may by order discharge the first-mentioned order as on and from such date

as may be specified in the order.

(2) Where, on the grant of a decree of divorce an order specified in subsection (1)

is in force, it shall, unless it is discharged by an order under subsection (1), continue

in force as if it were an order made under a corresponding provision of this Act and

section 22 shall apply to it accordingly.

Power of court to discharge order made under Act provided (1.08.1996) by

Family Law Act 1995

(26/1995), s. 44, S.I. No. 46 of 1996.

Discharge of orders under Act of 1976

44.

—Where, while a maintenance order, an order varying a maintenance order, or an interim

order, under the Act of 1976 is in force, an application is made to the court by a

spouse to whom the order aforesaid relates for an order granting a decree of judicial

separation or an order under Part II or III, the court may by order discharge the

order aforesaid under the Act of 1976 as on and from such date as may be specified

in the order.

Power of court to procure reports in family law proceedings prescribed (1.08.1996)

Family Law Act 1995

(26/1995), s. 47, S.I. No. 46 of 1996; as amended (27.02.1997) by

Family Law (Divorce) Act 1996

(33/1996), s. 52(p)(a), commenced as per s. 1(2); and amended (1.01.2005) by

Health Act 2004

(42/2004), s. 75 and sch. 6 part 13, S.I. No. 887 of 2004.

Social reports in family law proceedings.

47.

—(1) In proceedings to which this section applies, the court may, of its own motion

or on application to it in that behalf by a party to the proceedings, by order give

such directions as it thinks proper for the purpose of procuring a report in writing

on any question affecting the welfare of a party to the proceedings or any other person

to whom they relate from—

(a) such probation and welfare officer (within the meaning of the Child Abduction

and Enforcement of Custody Orders Act, 1991) as the Minister for Justice may nominate,

[

(b) such person nominated by the Health Service Executive specified in the order as

the Health Service Executive may nominate, being a person who in its opinion is suitably

qualified for the purpose, or

]

...

(6)

[

This section

]

applies to proceedings—

(b) under the Act of 1976,

...

Venue in relation to certain jurisdictions of Circuit Court and District Court prescribed

(12.05.1982) by

Courts Act 1981

(11/1981), s. 16, commenced as per s. 33(3).

Venue in relation to certain jurisdictions of Circuit Court and District Court.

16.

—(1) The jurisdiction under the Illegitimate Children (Affiliation Orders) Act, 1930,

the Guardianship of Infants Act, 1964, the Family Law (Maintenance of Spouses and

Children) Act, 1976, and section 5 of this Act conferred on the Circuit Court shall

be exercised by the judge of the circuit where any party to the proceedings ordinarily

resides or carries on any profession, business or occupation.

(2) Notwithstanding anything contained in section 79 of the Courts of Justice Act,

1924, and, as respects proceedings under the Illegitimate Children (Affiliation Orders)

Act, 1930, section 2 of the latter Act, proceedings under the latter Act, the Guardianship

of Infants Act, 1964, and the Family Law (Maintenance of Spouses and Children) Act,

1976, may be brought, heard and determined before and by a justice of the District

Court for the time being assigned to the District Court district where any party to

the proceedings ordinarily resides or carries on any profession, business or occupation.

Editorial Notes

Power granted to court, on an application under

Domestic Violence Act 2018

and another application to do so, to make an order under this Act without the institution

of fresh proceedings (1.01.2019) by

Domestic Violence Act 2018

(6/2018), s. 15, S.I. No. 532 of 2018.

Proceedings under Act included in definition of “family law proceedings” (1.01.2018) by

Mediation Act 2017

(27/2017), s. 2(1), S.I. No. 591 of 2017.

Services provided under Act included in definition of “health and personal social services” (23.12.2004) by

Health Act 2004

(42/2004), s. 2 and sch. 1, S.I. No. 886 of 2004.

Circuit Court is to be known as the Circuit Family Court when exercising its jurisdiction

to hear and determine proceedings under Act as provided (19.10.1989) by

Judicial Separation and Family Law Reform Act 1989

(6/1989), ss. 30 and 31, commenced as per s. 46(2).

Obligation imposed on Circuit Family Court to hear and determine proceedings under

Act in different places or at different times or on different days from those on which

the ordinary sittings of the Circuit Court are held (19.10.1989) by

Judicial Separation and Family Law Reform Act 1989

(6/1989), ss. 30 and 32, commenced as per s. 46(2).

Conduct of proceedings under Act in Circuit and High Courts required to be informal

(19.10.1989) by

Judicial Separation and Family Law Reform Act 1989

(6/1989), ss. 30 and 33, commenced as per s. 46(2).

Conduct of proceedings under Act in District Court required to be informal (19.10.1989)

Judicial Separation and Family Law Reform Act 1989

(6/1989), s. 45, commenced as per s. 46(2).

Previous affecting provisions: application of Act modified (25.11.1995) by

Maintenance Act 1994

(28/1994), s. 4(2)(a), S.I. No. 288 of 1995; as amended (1.08.1996) by

Family Law Act 1995

(26/1995), s. 45(b), S.I. No. 46 of 1996; and substituted (27.02.1997) by

Family Law (Divorce) Act 1996

(33/1996), s. 53(b), commenced as per s. 1(2); and substituted (1.12.1999) by

Jurisdiction of Courts and Enforcement of Judgments Act 1998

(52/1998), s. 22(2), S.I. No. 353 of 1999; and substituted (1.03.2002) by

European Communities (Civil and Commercial Judgment) Regulations 2002

(S.I. No. 52 of 2002), reg. 13(1)(b); and substituted as per C-note above.