Family Law (Maintenance of Spouses and Children) Act, 1976
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Transmission of payments through District Court clerk. |
9.—(1) Where the Court makes a maintenance order, a variation order or an interim order under this Act, the Court shall— | |
(a) thereupon direct that payments under the order shall be made to the District Court clerk, unless the maintenance creditor requests it not to do so and the Court considers that it would be proper not to do so, and | ||
(b) in a case in which the Court has not given a direction under paragraph (a) of this subsection, direct, at any time thereafter on the application of the maintenance creditor, that the payments aforesaid shall be made to the District Court clerk. | ||
(2) Where payments to the District Court clerk under this section are in arrear, the District Court clerk shall, if the maintenance creditor so requests in writing, take such steps as he considers reasonable in the circumstances to recover the sums in arrear whether by proceeding in his own name for an attachment of earnings order or otherwise. | ||
(3) Where a direction has been given under subsection (1) of this section, the Court, on the application of the maintenance debtor and having afforded the maintenance creditor an opportunity to oppose the application, may, if it is satisfied that, having regard to the record of the payments made to the District Court clerk and all the other circumstances, it would be proper to do so, discharge the direction. | ||
(4) The District Court clerk shall transmit any payments made to him by virtue of this section to the maintenance creditor. | ||
(5) Nothing in this section shall affect any right of a person to take proceedings in his own name for the recovery of any sum payable, but not paid, to the District Court clerk by virtue of this section. | ||
(6) References in this section, in relation to any proceedings, to the District Court clerk are references to such District Court clerk in such District Court district as may be determined from time to time by the Court concerned. | ||
(7) Nothing in subsection (1) or (2) of this section shall affect paragraph (a) or (b) of section 14 (8) of the Maintenance Orders Act, 1974. | ||
(8) Section 14 (8) of the Maintenance Orders Act, 1974 , is hereby amended by the insertion in paragraph (b) after “application under” of “section 10 of the Family Law (Maintenance of Spouses and Children) Act, 1976, or” and by the substitution of “the said section 8” for “that section” and the said paragraph (b), as so amended, is set out in the Table to this section. | ||
TABLE | ||
(b) The district court clerk shall, if any sum payable by virtue of an enforceable maintenance order is not duly paid and if the maintenance creditor so requests in writing, make an application under section 10 of the Family Law (Maintenance of Spouses and Children) Act, 1976, or section 8 (which relates to the enforcement of certain maintenance orders) of the Enforcement of Court Orders Act, 1940 , and for that purpose the references in the said section 8 (other than subsections (4) and (5)) to the applicant shall be construed as references to the district court clerk. |