S.I. No. 614/2003 - District Court (Maintenance) Rules, 2003

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 , 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 , and by section 21 (1) of the Economic and Monetary Union Act, 1998 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-

1. These rules may be cited as the District Court (Maintenance) Rules, 2003.

2. These rules shall come into operation on the 11th day of December, 2003 and shall be read together with all other District Court rules for the time being in force.

3. The Forms numbered 54.5, 54.6, 54.7 and 54.8 respectively in Schedule 1 hereof shall be substituted for the Forms numbered 54.5, 54.6, 54.7 and 54.8 respectively in Schedule C of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

SCHEDULE 1

Schedule C

0.54, r.4(3)

No. 54.5

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

section 5(1)(a) as amended

MAINTENANCE ORDER

AN CHUIRT DUICHE	THE DISTRICT COURT
District Court Area of	District No.

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

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

UPON HEARING AN APPLICATION made to this Court today by the above-named maintenance creditor ^* (residing) (carrying on a profession, business or occupation) at ............................................^* (in court area and district aforesaid) FOR A MAINTENANCE ORDER against the above-named maintenance debtor on the ground that the maintenance debtor ^* (residing) (carrying on a 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 said maintenance creditor ^* (and the dependent child(ren) of the family

^† AND THE COURT BEING SATISFIED that the summons herein dated the .................day of ..............................20........, was duly served upon the maintenance debtor,

^† AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor ^* (and the maintenance debtor),

^* (BY CONSENT) THE COURT HEREBY ORDERS

1. That the maintenance debtor pay to the maintenance creditor the weekly sum of €................. for the support of the maintenance creditor,

2. 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 18 years and thereafter if, when the child has attained that age, he or she

(i) is or will be receiving full-time education or instruction at a university, college school or other educational establishment, until the child has attained the age of 23 years, or until such education or instruction has been completed, whichever is the sooner, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully.

............................................................ .....................................born on.....................................

making in all the total weekly sum of €........,

3. That the first of such payments be made on the .........day of ............20........

^* (4. That the maintenance debtor pay to the maintenance creditor the sum of €................... being the costs and expenses incurred in obtaining this order),

^* ( AND THE COURT DIRECTS pursuant to section 9(1)(a) of the above Act that the payments aforesaid be made to the District Court Clerk at.................................)

^* ( AND the maintenance creditor requesting the Court not to do so, and the Court considering that it would not be proper to do so, THE COURT MAKES NO DIRECTION pursuant to section 9(1)(a) of the above Act).

^* ( AND THE COURT FURTHER ORDERS the maintenance debtor to secure the payments as aforesaid to the maintenance creditor in the following manner:-

Dated this............day of...........................................20........

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

Judge of the District Court

Schedule C

0.54, r.4(3)

No. 54.6

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

section 5(1)(b) as amended

MAINTENANCE ORDER

AN CHUIRT DUICHE	THE DISTRICT COURT
District Court Area of	District No.

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

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

UPON HEARING AN APPLICATION made to this Court today by the above-named maintenance creditor ^* (residing) (carrying on a profession, business or occupation) at ............................................^* (in court area and district aforesaid) FOR A MAINTENANCE ORDER against the above-named maintenance debtor on the ground that the maintenance debtor ^* (residing) (carrying on a profession, business or occupation) at ............................................^* (in court area and district aforesaid), being the spouse of .................................................^* (now deceased) ^* (who has deserted him/her) ^* (who has been deserted by him/her) ^* (living separately and apart from him/her), has failed to provide such maintenance as is proper in the circumstances for the dependent child(ren) of the family

^† AND THE COURT BEING SATISFIED that the summons herein dated the ..........day of ..................20......., was duly served upon the maintenance debtor,

^† AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor ^* (and the maintenance debtor),

^* (BY CONSENT) THE COURT HEREBY ORDERS

1. 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 18 years and thereafter if, when the child has attained that age, he or she

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully.

............................................................ .....................................born on.....................................

making in all the total weekly sum of €........,

2. That the first of such payments be made on the .............day of................................20.......

^* (3. That the maintenance debtor pay to the maintenance creditor the sum of €................. being the costs and expenses incurred in obtaining this order),

^* ( AND THE COURT DIRECTS pursuant to section 9(1)(a) of the above Act that the payments aforesaid be made to the District Court Clerk at..................................)

^* ( AND THE COURT FURTHER ORDERS the maintenance debtor to secure the payments as aforesaid to the maintenance creditor in the following manner:-

Dated this............day of...........................................20........

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

Judge of the District Court

Schedule C

0.54, r.4(3)

No. 54.7

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

section 5A(1) as amended

MAINTENANCE ORDER

AN CHUIRT DUICHE	THE DISTRICT COURT
District Court Area of	District No.

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

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

............................................................ .....................................born on.....................................

(a) dependent child(ren) whose parents are not married to each other, FOR A MAINTENANCE ORDER against the above-named maintenance debtor on the ground that the maintenance debtor ^* (residing) (carrying on a profession, business or occupation) at

............................................^* (in court area and district aforesaid), being the other parent of the said dependent child(ren), has failed to provide such maintenance for the child(ren) as is proper in the circumstances.

^† AND THE COURT BEING SATISFIED that the summons herein dated the ..........day of ..................20......., was duly served upon the maintenance debtor,

^† AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor ^* (and the maintenance debtor),

^* (BY CONSENT) THE COURT HEREBY ORDERS

1 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 18 years and thereafter if, when the child has attained that age, he or she

(ii) is suffering from mental or physical disability to such extent that it is not

reasonably possible for the child to maintain himself or herself fully.

............................................................ .....................................born on.....................................

making in all the total weekly sum of €........,

2. That the first of such payments be made on the the ..........day of ..................20.......

^* (3. That the maintenance debtor pay to the maintenance creditor the sum of €........ being the costs and expenses incurred in obtaining this order),

^* ( AND THE COURT DIRECTS pursuant to section 9(1)(a) of the above Act that the payments aforesaid be made to the District Court Clerk at....................................)

^* ( AND THE COURT FURTHER ORDERS the maintenance debtor to secure the payments as aforesaid to the maintenance creditor in the following manner:-

Dated this............day of...........................................20........

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

Judge of the District Court

Schedule C

0.54, r.4(3)

No. 54.8

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

section 5A(1) as amended

MAINTENANCE ORDER

AN CHUIRT DUICHE	THE DISTRICT COURT
District Court Area of	District No.

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

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

............................................^* (in court area and district aforesaid), being a parent of

............................................................ .....................................born on.....................................

(a) dependent child(ren) whose parents are not married to each other, (and not being a child/children who is/are being fully maintained by the other parent), has failed to provide such maintenance for the child(ren) as is proper in the circumstances.

^† AND THE COURT BEING SATISFIED that the summons herein dated the ..........day of ..................20......., was duly served upon the maintenance debtor,

^† AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor ^* (and the maintenance debtor),

^* (BY CONSENT) THE COURT HEREBY ORDERS

1 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 18 years and thereafter if, when the child has attained that age, he or she

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully.

............................................................ .....................................born on.....................................

making in all the total weekly sum of €........,

2. That the first of such payments be made on the .............day of...........................................20.........

^* (3. That the maintenance debtor pay to the maintenance creditor the sum of €........ being the costs and expenses incurred in obtaining this order),

^* ( AND THE COURT DIRECTS pursuant to section 9(1)(a) of the above Act that the payments aforesaid be made to the District Court Clerk at....................................)

^* ( AND THE COURT FURTHER ORDERS the maintenance debtor to secure the payments as aforesaid to the maintenance creditor in the following manner:-

Dated this............day of...........................................20........

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

Judge of the District Court

Given this 25th day of November, 2002
Peter Smithwick	Chairman
John Garavan
Uinsin Mac Gruairc
John P Brophy
Mary C Devins
Gerard Griffin
Sean McMullin
Finbarr O'Malley
Liz Hughes	Secretary
I concur in the making of the foregoing rules
Dated this 13th day of November, 2003
MICHAEL McDOWELL
Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Rules provide for the substitution of forms contained in Schedule C of the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

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