S.I. No. 96/1976:

DISTRICT COURT [FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976] RULES, 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:--

1. These Rules may be cited as the District Court [Family Law (Maintenance of Spouses and Children] Act, 1976] Rules, 1976.

2. These Rules shall come into operation on the 6th day of May, 1976, and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules--

"the Act" means the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976);

"Form" means a form set out in the Schedules of Forms or such modification thereof as may be suitable.

4. Proceedings initiated and not completed before the coming into operation of these Rules shall be continued and completed in accordance with these Rules.

5. Proceedings under these Rules may be brought heard and determined before a sitting of the Court for the court area, or in the case of the Dublin Metropolitan District, for the district, where either party to the proceedings ordinarily resides or carries on any profession, business or occupation.

6. All proceedings under these Rules shall be issued for a scheduled sitting of the Court. Proceedings shall not be heard in public and only the parties, their legal representatives and witnesses shall be permitted to be present.

7. An application for a maintenance order under section 5 of the Act shall be by summons (Form 1 or Form 2 as may be appropriate) and the order of the Court thereon shall be in accordance with Form 3 or Form 4 as may be appropriate.

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.

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.

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

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.

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.

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.

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.

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.

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 .

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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).

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

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.

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.

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.

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

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).

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.

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.

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

GENERAL

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.

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.

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.

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

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.

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

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

section 5 (1) (a)

MAINTENANCE SUMMONS

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]

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

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.

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1973

section 5 (1) (b)

MAINTENANCE SUMMONS

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]

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

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.

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

section 5 (1) (a)

MAINTENANCE ORDER

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

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]

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]

†4. That the maintenance debtor pay to the maintenance creditor the sum of £  being the costs and expenses incurred in obtaining this Order.

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

*(AND the maintenance creditor 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 9 (1) (a) of the above Act)

*Delete whichever inapplicable.

† Delete where inapplicable.

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

section 5 (1) (b)

MAINTENANCE ORDER

AND after hearing the evidence tendered by or on behalf of the maintenance creditor †(and the maintenance debtor(s))

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 16 years.

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]

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]

†3. That the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this Order.

*(AND pursuant to section 9 (I) (a) of the above Act THE COURT DIRECTS that the payments aforesaid be made to the District Court Clerk at ........................... for transmission to the maintenance creditor).

*(AND the maintenance creditor 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 9 (1) (a) of the above Act)

†Delete where inapplicable.

*Delete whichever inapplicable.

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

SUMMONS TO DISCHARGE MAINTENANCE ORDER OR PART THEREOF

upon the hearing of an application on behalf of the above named maintenance debtor

whereby the above named maintenance debtor was ordered to pay to the above named maintenance creditor †(the sum of £  per week for her support)

†(and the sum of £  per week for the support of the dependent children of the family)

*[DISCHARGED as provided by section 6 (1) (a) of the above Act]

*[DISCHARGED in so far as such Order provides for the payment of £   

†Delete where inapplicable.

*Delete whichever inapplicable.

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

ORDER DISCHARGING MAINTENANCE ORDER OR PART THEREOF

†(in court area and district afroresaid) was ordered to pay to the above named maintenance creditor the weekly sum of £  for her support † (together with further weekly sum of £  for the support of each child named hereunder until such child shall attain the age of 16 years

who has attained the age of sixteen years and is under the age twenty-one years and who is † (will be) receiving full-time education or instruction at an educational establishment]

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]

of one year after the making of the said maintenance order) for the discharge of such order]

AND after hearing the evidence tendered by or on behalf of the maintenance creditor † (and the maintenance debtor)

*(AND WHEREAS it appears to the Court, having regard to the maintenance debtor's record of payments pursuant to the said order and to the other circumstances of the case, that the persons for whose support the said maintenance order provides will not be prejudiced by the discharge thereof)

*(AND WHEREAS the Court is further satisfied that the said child has ceased to be a dependent child of the family)

THE COURT HEREBY ORDERS that the said maintenance order be * (DISCHARGED,

†Delete where inapplicable.

*Delete whichever inapplicable.

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

section 6 (1) (b)

SUMMONS TO VARY OR DISCHARGE MAINTENANCE ORDER

of an application on behalf of the above named

whereby the above named maintenance debtor was ordered to pay to the above named maintenance creditor †(the sum of £  per week for her support) †(and the sum of £  per week for the support of the dependent chlidren of the family)

as provided by section 6 (1) (b) of the above Act.

the above named

†Delete where inapplicable.

*Delete whichever inapplicable.

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

section 6 (1) (b)

ORDER MAINTENANCE ORDER

was ordered to pay to the above named maintenance creditor the weekly sum of £   for her support

†(together with further weekly sum of £   for the support of each child named hereunder until such child shall attain the age of 16 years

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]

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]

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

for the of the said maintenance order,

AND WHEREAS the Court is satisfied--

19   , was duly served on the

AND after hearing the evidence tendered by or on behalf of the maintenance creditor† (and the maintenance debtor)

THE COURT HEREBY ORDERS--

19 , be

†2. That the maintenance debtor pay to the maintenance creditor for her support the weekly sum of £

†3. 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

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)

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)

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 maintenance debtor pay to the maintenance creditor the sum of £  being the costs and expenses incurred in obtaining this order.

*(AND pursuant to section 9 (1) (a) of the above Act THE COURT DIRECTS that the payments aforesaid be made to the District Court clerk at........................................for transmission to the maintenance creditor).

*(AND the maintenance creditor 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 9 (1) (a) of the above Act)

†Delete where inapplicable.

*Delete whichever inapplicable.

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

section 7

INTERIM ORDER

being the spouse of the said applicant has failed to provide such maintenance as is proper in the circumstances for the above named applicant †(and the dependent children of the family),

AND WHEREAS the Court is satisfied--

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

*(AND the respondent 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 9 (1) (a) of the above Act)

* Delete whichever inapplicable

† Delete where inapplicable

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

section 9 (1) (a) and 9 (1) (b)

NOTICE OF DIRECTION BY THE COURT THAT PAYMENTS SHALL BE

MADE TO THE DISTRICT COURT CLERK FOR TRANSMISSION TO

MAINTENANCE CREDITOR

SHOULD BE PAID TO ME the district court clerk for the above court area for transmission to the maintenance creditor.

* Delete whichever inapplicable

† Delete where inapplicable

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

section 9 (1) (b)

NOTICE OF APPLICATION TO HAVE PAYMENTS MADE TO DISTRICT

COURT CLERK

TAKE NOTICE that the above named maintenance creditor

DIRECTION pursuant to section 9 (1) (b) of the above Act that payments under a *maintenance order/*variation order/*interim order/*affiliation order made by the

* Delete whichever inapplicable.

† Delete where inapplicable.

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

section 9 (1) (b)

ORDER DIRECTING THAT PAYMENTS UNDER A *MAINTENANCE ORDER/ *VARIATION ORDER/ *INTERIM ORDER/ *AFFILIATION ORDER SHALL BE MADE TO THE DISTRICT COURT CLERK

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

the above named maintenance debtor

was ordered to pay to the above named maintenance creditor

†(the sum of £  per week for her support †(and the sum of £  per £  per week for the support of the dependent children of the family)

†(together with the sum of £ for costs and expenses)

†(together with the sum of £  for costs and expenses)

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

of     19 , by the maintenance creditor for a DIRECTION that the payments under the said order shall be made to the District Court Clerk,

THE COURT HEREBY ORDERS that the weekly payments under the said Order shall be made to the District Court Clerk at ..............................

†(together with the sum of £  for costs and expenses including costs and expenses of this order)

*Delete whichever inapplicable.

†Delete where inapplicable.

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

section 9 (3)

SUMMONS TO DISCHARGE DIRECTION THAT PAYMENTS UNDER *MAINTENANCE ORDER/ *VARIATION ORDER/ *INTERIM ORDER/ *AFFILIATION ORDER BE MADE TO THE DISTRICT COURT CLERK

in court area and district aforesaid

of an application on behalf of the above named maintenance debtor

at ......................................†(in court area and district aforesaid) that the direction given under subsection (1) of section 9 of the above act whereby payments under a *maintenance order/ *variation order/ *interim order/ *affiliation order made at the sitting of the District Court at............................................................ .........

on the  day of  19 , are to be made to the District Court Clerk at........................................., be DISCHARGED.

To

of

the above named maintenance creditor.

*Delete whichever inapplicable.

† Delete where inapplicable.

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

section 9 (3)

ORDER DISCHARGING DIRECTION THAT PAYMENTS UNDER *MAINTENANCE ORDER/ *VARIATION ORDER/ *INTERIM ORDER/ *AFFILIATION ORDER BE MADE TO THE DISTRICT COURT CLERK

WHEREAS by *maintenance order/*variation order/*interim order/*affiliation order dated  day of   19 , made at the sitting of the District Court at .......................................................... the above named maintenance debtor

was ordered to pay to the above named maintenance creditor

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

given pursuant to subsection (1) of section 9 whereby payments under the Order

are made to the District Court Clerk be DISCHARGED.

AND WHEREAS the Court is satisfied--

AND WHEREAS the Court, having afforded the maintenance creditor, an opportunity to oppose the application, is further 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 HEREBY DISCHARGES such DIRECTION.

*Delete whichever inapplicable.

† Delete where inapplicable.

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

section 9 (2)

REQUEST TO DISTRICT COURT CLERK TO RECOVER SUMS IN ARREAR

By *maintenance order/ *variation order/ *interim order/* affiliation order dated  day of   19 , made at the sitting of the District

Court at ............................................................ ............................................................ .....................................................

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

was ordered to pay to me the above maintenance creditor of............................................................ .......................

†[the sum of £    per week for my support †(and the sum of £   per week for the support of the dependent children of my family) †(together with the sum of £      for costs and expenses)]

†[the sum of £     per week for the support of my illegitimate child named ..........................................

†(together with the sum of £  for costs and expenses)]

The payments directed to be made have not been duly made and there is now in arrear in respect of the said order the sum of £    (being the amount of weekly payments †(together with the sum of £  for costs and expenses)

I therefore request you the District Court Clerk for the above court area to take such steps as you consider reasonable in the circumstances to recover the sums in arrear.

*Delete whichever inapplicable.

†Delete where inapplicable.

SCHEDULE A

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

section 10 (1) (a) (iii)

ATTACHMENT OF EARNINGS SUMMONS

WHEREAS by *maintenance order/*variation order/*interim order dated     day  of 19 , made at the sitting of the District Court at ............................................................ .....................................................

†(in court area and district aforesaid) AGAINST YOU the above named maintenance debtor ORDERING YOU to pay the total weekly sum of £

†(together with the sum of £  for costs and expenses) to the above named maintenance creditor of............................................................ ............................................................ ........................

‡(AND WHEREAS the Court pursuant to subsection (1) of section 9 of the above Act directed that payments under the said Order be made to the District Court Clerk for the above court area for transmission to the maintenance creditor),

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

†(AND WHEREAS I, being the District Court Clerk for the above court area, and the person to whom payments under the said Order were directed to be made, have, pursuant to subsection (2) of section 9 of the above Act, been requested in writing by the above named maintenance creditor to take such steps as I consider reasonable in the circumstances 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. on the hearing of an application for an ATTACHMENT OF EARNINGS ORDER,

AND YOU ARE HEREBY ALSO REQUIRED to fill in and sign the attached STATEMENT OF PARTICULARS and send it to the Clerk of the District Court at ............................................................ ............... so as to reach his office forty-eight hours before the date of hearing of the application.

To

of

(the above named maintenance debtor)

* * * * *

STATEMENT OF PARTICULARS

*Delete whichever inapplicable.

†Delete where inapplicable.

‡Delete where summons issued by maintenance creditor.

SCHEDULE A

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976 section 10 (1) (a) (iii)

ATTACHMENT OF EARNINGS SUMMONS

WHEREAS by maintenance order dated day of            19 , made by* ............................................................ ............................................................ ............................................................ .........

you the above maintenance debtor

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

in court area and district aforesaid

were ordered to pay to the above named maintenance creditor of ............................................................ ..............

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

the total weekly sum of £ †(together with the sum of £  for costs and expenses),

AND WHEREAS the Master of the High Court on the   day of   19 , made an enforcement order in respect of the said 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 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 the date of this summons †(together with the sum of £  for costs and expenses) making in all the sum of £  ,

AND WHEREAS I, being the District Court Clerk for the above court area, and the person to whom, pursuant to sections 14 (8) (a) and 14 (8) (b) of the Maintenance Orders Act, 1974 , payments under the said maintenance order are to be paid and the person authorised to take these proceedings, have been requested in writing by the above named maintenance creditor to make application under section 10 of the above Act.

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. on the hearing of an application for an ATTACHMENT OF

EARNINGS ORDER.

AND YOU ARE HEREBY ALSO REQUIRED to fill in and sign the attached STATEMENT OF PARTICULARS and send it to the District Court Clerk at ............................................................ ............................

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

so as to reach his office forty-eight hours before the date of hearing of the application.

To

of

(the above named maintenance debtor)

Statement of particulars as in Form 16 to be added

*State Court which made order.

†Delete where inapplicable.

SCHEDULE A

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

section 10 (1) (a) (iii)

ATTACHMENT OF EARNINGS SUMMONS

WHEREAS by Affiliation Order dated       day of   19 , made at the sitting of the District Court at............................................................ ............................................................ ..................................

†(in court area and district aforesaid)

AGAINST YOU the above named maintenance debtor of ............................................................ ............................

ORDERING you to pay to the above maintenance creditor of............................................................ ......................

the weekly sum of £  for the maintenance and education of illegitimate child named............................................................ ............................................................ .........................................................

†(together with the sum of £  for costs and expenses),

*(AND WHEREAS the Court pursuant to subsection (1) of section 9 of the above Act directed that payments under the said Order be made to the District Court Clerk for the above Court area for transmission to the maintenance creditor)

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

*(AND WHEREAS I, being the District Court Clerk for the above court area, and the person to whom payments under the said Order were directed to be made, have, pursuant to section 3 (10) of the Illegitimate Children (Affiliation Orders) Act 1930 , inserted by section 28 of the above Act, been requested in writing by the above named maintenance creditor to take such steps as I consider reasonable in the circumstances 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. on the hearing of an application for an ATTACHMENT OF EARNINGS ORDER.

AND YOU ARE HEREBY ALSO REQUIRED TO FILL IN AND SIGN the attached STATEMENT OF PARTICULARS and send it to the District Court Clerk at............................................................ ..... so as to reach his office forty-eight hours before the date of hearing of the application.

To

of

(the above named maintenance debtor)

Statement of particulars as in Form 16 to be added

†Delete where inapplicable.

*Delete where summons issued by maintenance creditor.

SCHEDULE A

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

section 10 (1) (a) (iii)

ATTACHMENT ON EARNINGS ORDER

WHEREAS by *Maintenance order/*variation order/*interim order dated    day of   19 , made at the sitting of the District Court at ............................................................ ...................................................

†(in court area and district aforesaid)

the above named maintenance debtor

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

†(in court area and district aforesaid)

was ordered to pay to the above named maintenance creditor

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

†(in court area and district aforesaid)

the sum of £ per week 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);

THE COURT HEREBY ORDERS YOU to whom this order is addressed, on the expiration of ten days from the date of service of this order upon you, to deduct the sums set out hereunder from the earnings of the maintenance debtor employed by you, †(whose social welfare number is ............................ and whose P.A.Y.E. number is ..........) and transmit the said sums to............................................................ ..............................

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

†(to the District Court Clerk at............................................................ .................................)

1. The sum of £    per week in respect of current payments under the order first mentioned.

†2. The sum of £    per week for    consecutive weeks (and a final payment of £   ) in respect of arrears of payments under the order first mentioned.

†3. The sum of £    per week for     consecutive weeks (and a final payment of £   ) in respect of costs and expenses in connection with the order first mentioned and this order.

The normal deduction rate shall be the total of the sums referred to at 1, 2 and 3 above. When the payment referred to at 2 or 3 has been completed the said rate shall be reduced by the amounts of such payment.

The protected earnings rate shall be £    per week, below which the earnings shall not be reduced by reason of this order.

To

of

(employer of above named maintenance debtor)

and to any other person who subsequently may have the maintenance debtor in his employment.

NOTE: If the maintenance debtor is not in your employment you should within ten days from the date of service of this Order upon you or if at any time the debtor ceases to be in your employment within ten days from such cesser fill in and sign the attached notice and send it to the District Court Clerk (see section 11 (2) of the Family Law (Maintenance of Spouses and Children) Act, 1976 )

* * * * *

NOTICE THAT MAINTENANCE DEBTOR IS NOT EMPLOYED OR HAS CEASED TO BE EMPLOYED BY

PERSON TO WHOM AN ATTACHMENT

OF EARNINGS ORDER IS DIRECTED

To the District Court Clerk at ............................................................ ............................................................ .......

An Attachment of Earnings Order dated      day of

19  , made at the sitting of the District Court at ............................................................ ...........................................

relating to earnings falling to be paid to............................................................ ...........................................................

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

was directed to and served on me ............................................................ ............................................................ .........

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

I hereby give you notice that the said ............................................................ ....................................................

is not in my employment †(ceased to be in my employment on the    day of       19 )

*Delete whichever inapplicable.

†Delete where applicable.

SCHEDULE A

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

section 10 (1) (a) (iii)

ATTACHMENT OF EARNINGS ORDER

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 maintenance debtor

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

†(in court area and district aforesaid)

was ordered to pay to the maintenance creditor

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

†(in court area and district aforesaid)

the weekly sum of £    for the maintenance and education of illegitimate child named ...........................

†(together with the sum of £     for costs and expenses);

THE COURT HEREBY ORDERS YOU to whom this Order is addressed, on the expiration of ten days from the date of service of this Order upon you, to deduct the sums set out hereunder from the earnings of the maintenance debtor employed by you, †(whose social welfare number is ............................ and whose P.A.Y.E. number is .....................) and transmit the said sums to............................................................ ....................

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

†(to the District Court Clerk at............................................................ ............................................................ ...............)

1. The sum of £     per week in respect of current payments under the order first mentioned.

†2. The sum of £     per week for   consecutive weeks (and a final payment of £   ) in respect of arrears of payments under the order first mentioned.

†3. The sum of £    per week for    consecutive weeks (and a final payment of £   ) in respect of costs and expenses in connection with the order first mentioned and this order.

The normal deduction rate shall be the total of the sums referred to at 1, 2 and 3 above. When the payment referred to at 2 or 3 has been completed the said rate shall be reduced by the amounts of such payment.

The protected earnings rate shall be £    per week below which the earnings shall not be reduced by reason of this order.

To

of

(employer of above named maintenance debtor)

and to any other person who subsequently may have the maintenance debtor in his employment.

Note: If the maintenance debtor is not in your employment you should within ten days from the date of service of this Order upon you or if at any time the debtor ceases to be in your employment within ten days from such cesser fill in and sign the attached notice and send it to the District Court Clerk (see section 11 (2) of the Family Law (Maintenance of Spouses and Children) Act, 1976 )

* * * * *

NOTICE THAT MAINTENANCE DEBTOR IS NOT EMPLOYED OR HAS CEASED TO BE EMPLOYED BY

PERSON TO WHOM AN ATTACHMENT

OF EARNINGS ORDER IS DIRECTED

To the District Court Clerk at ............................................................ ............................................................ .................

An Attachment of Earnings Order dated      day of

19   , made at the sitting of the District Court at............................................................ ...................................

relating to earnings falling to be paid to............................................................ ...........................................................

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

was directed to and served on me ............................................................ ............................................................ .........

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

I hereby give you notice that the said ............................................................ ....................................................

is not in my employment †(ceased to be in my employment on the      day of      19).

†Delete where inapplicable.

*Delete whichever inapplicable.

SCHEDULE A

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

section 10 (1) (a) (iii)

ATTACHMENT OF EARNINGS ORDER

WHEREAS by maintenance order dated  day of

19    , made by*

the above named maintenance debtor

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

was ordered to pay to the above named maintenance creditor of............................................................ ............

................................................the sum of £    for her support) †(and the sum of £   for the support of the dependent children of the family) †(together with the sum of £    for costs and expenses);

THE COURT HEREBY ORDERS YOU to whom this Order is addressed, on the expiration of ten days from the date of service of this Order upon you, to deduct the sums set out hereunder from the earnings of the maintenance debtor employed by you, †(whose social welfare number is .................................................

and whose P.A.Y.E. number is ............................................................ ...) and transmit the said sums to the District Court Clerk at............................................................ ............................................................ ...........................

1. The sum of £    per week in respect of current payments under the order first mentioned.

2. The sum of £   per week for   consecutive weeks (and a final payment of £   ) in respect of arrears of payments under the order first mentioned.

3. The sum of £   per week for       consecutive weeks (and a final payment of £  ) in respect of costs and expenses in connection with the order first mentioned and this order.

The normal deduction rate shall be the total of the sums referred to at 1, 2 and 3 above. When the payment referred to at 2 or 3 has been completed the said rate shall be reduced by the amounts of such payment.

The protected earnings rate shall be £      per week below which the earnings shall not be reduced by reason of this order.

To

of

(employer of above named maintenance debtor)

and to any other person who subsequently may have the maintenance debtor in his employment.

Note: If the maintenance debtor is not in your employment you should within ten days from the date of service of this Order upon you or if at any time the debtor ceases to be in your employment within ten days from such cesser fill in and sign the attached notice and send it to the District Court Clerk (see section 11 (2) of the Family Law (Maintenance of Spouses and Children) Act, 1976 ).

* * * * *

NOTICE THAT MAINTENANCE DEBTOR IS NOT EMPLOYED OR HAS CEASED TO BE EMPLOYED BY

PERSON TO WHOM AN ATTACHMENT OF EARNINGS ORDER IS DIRECTED

To the District Court Clerk at............................................................ ............................................................ ..................

An Attachment of Earnings Order dated      day of      19 , made at the sitting of the District Court at............................................................ ............................................................ ................

relating to earnings falling to be paid to............................................................ ...........................................................

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

was directed to and served on me............................................................ ............................................................ ..........

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

I hereby give you notice that the said. ............................................................ ...................................................

is not in my employment †(ceased to be in my employment on the   day of        19).

†Delete where inapplicable.

SCHEDULE A

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

section 13 (1) (b)

ORDER OF THE COURT REQUIRING STATEMENT OF PARTICULARS OF MAINTENANCE DEBTOR'S EARNINGS

WHEREAS an application was made to the Court on the      day of   19 , by the above named maintenance creditor of............................................................ .......... for an Attachment of Earnings Order against the above named maintenance debtor of............................................................ .............

AND WHEREAS it appears to the Court that you. ............................................................ ......................... of............................................................ ............................................................ ............................................................ ..

have the maintenance debtor in your employment

YOU ARE HEREBY REQUIRED within seven days from the date of service of this Order upon you to fill in and sign the attached statement of particulars and send it to the District Court Clerk at............................................................ ............................................................ ............................................................ .

To

of

* * * * *

STATEMENT OF PARTICULARS OF THE EARNINGS OF THE ABOVE MAINTENANCE DEBTOR

*[............................................................ ........................... of............................................................ .......................... the above named maintenance debtor is employed by me and set out hereunder are particulars of his earnings--

*[............................................................ .................................. of ............................................................ ........................

the above named maintenance debtor is not employed by me

*Delete where inapplicable.

SCHEDULE A

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

section 15

SUMMONS TO DETERMINE WHETHER PARTICULAR PAYMENTS ARE EARNINGS

WHEREAS by Attachment of Earnings Order dated       day of     19 , made at the sitting of the District Court at .................the employer ...............................................of...................................

was ordered to deduct the weekly sum of £    from the earnings of the above named maintenance debtor,

AND WHEREAS an application has been made by the *Maintenance Creditor/ District Court Clerk/*Maintenance Debtor/*Employer for a DETERMINATION as to whether certain payments to wit--

payable to the maintenance debtor by the said employer are earnings for the purpose of the above Order.

YOU ARE HEREBY REQUIRED to appear at the sitting of the District Court

in court area and district aforesaid on the    day of       19    at .m. upon the hearing of the said application.

To

of

To

of

*Delete whichever inapplicable.

SCHEDULE A

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

section 15

ORDER DETERMINING WHETHER PAYMENT OF A PARTICULAR CLASS OR DESCRIPTION ARE EARNINGS FOR THE PURPOSE OF AN ATTACHMENT OF EARNINGS ORDER

WHEREAS by Attachment of Earnings Order dated          day of   19 , made at the sitting of the District Court

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

the above named Employer of............................................................ ............................................................ ..........

was order to deduct the weekly sum of £    from the earnings of the above named maintenance Debtor.

AND WHEREAS an application was made to the Court on the       day of     19  , by the *Maintenance Creditor/*District Court Clerk/*Maintenance Debtor/*Employer for a Determination as to whether certain payments to wit--

payable to the maintenance debtor by the above named Employer are earnings for the purpose of the said Attachment of Earnings Order,

AND WHEREAS the Court is satisfied that the summons herein dated day of      19  , was duly served on the *Maintenance Debtor/*Employer.

THE COURT HEREBY ORDERS AS FOLLOWS--

*Delete whichever inapplicable.

SCHEDULE A

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

section 17 (1)

SUMMONS TO VARY OR DISCHARGE ATTACHMENT OF EARNINGS ORDER

YOU ARE HEREBY required to appear at the sitting of the District Court at..............................................

in court area and district aforesaid

on the   day of          19 , at    .m.

upon the hearing of an application on behalf of the above named

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

†(in court area and district aforesaid)

†(upon the hearing of an application on behalf of the District Court Clerk for the above court area on whose application the Attachment of Earnings Order referred to herein was made)

to have the Attachment of Earnings Order dated       day of

19   , made at the sitting of the District Court at ............................................................ ......................................

whereby ............................................................ . of ............................................................ ..............................................

was ordered to deduct the weekly sum of £       from the earnings of the maintenance debtor.

as provided by section 17 of the above Act.

To

of

the above named

*Delete whichever inapplicable.

†Delete where inapplicable.

SCHEDULE A

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

section 17 (1)

ORDER *VARYING   ATTACHMENT OF EARNINGS ORDER

          *DISCHARGING

WHEREAS by Attachment of Earnings Order dated    day of      19  , made at the sitting of the District Court at............................................................ ............................................................ ....

†(in court area and district aforesaid)

............................................................ ............................of............................................................ ................................ being a person having the maintenance debtor in his employment was ordered to deduct the sum of £  per week from the earnings of the maintenance debtor and transmit such sums to the maintenance creditor of............................................................ ............. †(to the District Court Clerk at.....................................................) AND WHEREAS an application was made to the Court on the        day of    19 , by the *maintenance creditor/*maintenance debtor/*District Court Clerk to have the said Attachment of Earnings Order

*varied  

*discharged

AND WHEREAS the Court is satisfied that the summons herein dated day of    19 , was duly served on the

*maintenance creditor/ *maintenance debtor

THE COURT HEREBY ORDERS that the said Attachment of Earnings Order be

*Delete whichever inaplicable.

†Delete where inapplicable.

‡Set out Order of court.

SCHEDULE A

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

section 18 (2)

NOTICE BY DISTRICT COURT CLERK THAT ATTACHMENT OF EARNINGS ORDER HAS BEEN DISCHARGED

TAKE NOTICE that the Attachment of Earnings Order dated    day of    19 , made at the sitting of the District Court at............................................................ ......whereby you as employer of the above named maintenance debtor of.................................................... were ordered to deduct the sum of £  per week from the earnings of the said maintenance debtor has on and from   the day of        19 , BEEN DISCHARGED and thereby has ceased to have effect except as regards the sum of £  being the payments due under the said order up to the date of such discharge.

To

of

SCHEDULE A

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

section 9 (2)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

INFORMATION

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

of............................................................ ............................................................ ............................................................ ...... who says on oath:--

1. I am the district court clerk for the above court area and 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 ) I am the person to whom payments under the order referred to herein are to be made and the person authorised to take these proceedings.*Delete whichever inapplicable.

2. †[By *maintenance/*variation/*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)].

I wish to refer to a copy of such order when produced upon which marked with the letter "A" I have endorsed my name prior to the swearing hereof.]

3. †[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).

I wish to refer to a copy of such Order when produced upon which marked with the letter "A" I have endorsed my name prior to the swearing hereof].

4. 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 the same the sum of £  being the amount of   weekly payments which have become due and payable within the six months immediately preceding the date of this information †(together with the sum of £     for costs and expenses) making in all the sum of £

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.

SCHEDULE A

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

section 9 (2)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

WARRANT OF ARREST

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.

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 the said .................... at the sitting of the District Court in District No. next following the date of his arrest.

†Delete where inapplicable.

SCHEDULE A

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

section 9 (2)

ENFORCEMENT OF COURT ORDERS ACT, 1940

SUMMONS FOR ATTENDANCE OF 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.

To

of

the above named maintenance debtor

SCHEDULE A

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

section 9 (2)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

WARRANT OF COMMITTAL

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

 1. †[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 above named maintenance creditor the sum of £     per week 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]

2. †[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)]

3. By notice in writing dated   day of        19 the district court clerk for the above court area was requested in writing by the maintenance creditor to take such steps as he considers reasonable to recover the sums in arrear.

AND WHEREAS the said *maintenance order/*variation order/*interim order/ *affiliation order and the said notice have been produced to me;

AND WHEREAS I am satisfied on the evidence adduced that of the said weekly payments which have become due and payable by virtue of the said order within the six months immediately preceding the date of the application the sum of £   (together with the sum of £   for costs and expenses) making in all the sum of £    has not been duly paid;

AND AFTER HEARING the maintenance debtor and he not having shown to my satisfaction that the failure to pay the said sum was due neither to his wilful refusal nor to his culpable neglect.

NOW IT IS HEREBY ORDERED that the said maintenance debtor for his said default and failure to pay the said sum be committed to the prison at......................................... and there to be imprisoned for the period of.......... unless he or someone on his behalf shall sooner pay to the district court clerk at....................................or to the governor of the said prison for the said clerk the said sum of £ 

WARRANT TO ENFORCE ORDER

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said ................................ of ................................ and lodge him in the prison at .............................................. there to be imprisoned by the governor of the said prison for a period of .......... pursuant to the above Order unless the sum of £  be sooner paid.

To the Superintendent of the Garda Síochána

at

*Delete whichever inapplicable.

†Delete where inapplicable.

SCHEDULE A

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

section 9 (2)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

WARRANT OF DISTRESS AND SALE

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

1. †[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 above named maintenance creditor the sum of £  per week 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)].

2. †[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)].

3. By notice in writing dated     day of         19 the district court clerk for the above court area was requested in writing by the maintenance creditor to take such steps as he considers reasonable in the circumstances to recover the sums in arrear.

AND WHEREAS the said *maintenance order/*variation order/*interim order/ *affiliation Order and the said notice have been produced to me;

AND WHEREAS I am satisfied on the evidence adduced that of the said weekly payments which have become due and payable by virtue of the said order within the six months immediately preceding the date of the application the sum of £   (together with the sum of £   for costs and expenses) making in all the sum of £   has not been duly paid;

AND AFTER HEARING the maintenance debtor and he not having shown to my satisfaction that the failure to pay the said sum was due neither to his wilful refusal nor to his culpable neglect.

NOW IT IS HEREBY ORDERED AND DIRECTED that the said sum of £    be levied by the distress and sale of the goods and chattels of the maintenance debtor and be paid to the district court clerk at.......................... within days from this date.

This warrant to be returned in days if not executed.

To the several Sheriffs and County Registrars County of ..............................

I authorise and empower................................................ and ..................................of................................ Court Messengers, or either of them, and their assistants to execute the above order.

The sum to be levied hereunder is £ 

Sheriff/County Registrar.

*Delete whichever inapplicable.

†Delete where inapplicable.

SCHEDULE A

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

section 22

INFORMATION

the above applicant who says on oath--

SCHEDULE A

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

section 22

SUMMONS TO BAR SPOUSE FROM FAMILY HOME

The above named applicant............................................................ ............................................................ .......... of............................................................ ............................................................ ............................................................ ...

*(in court area and district aforesaid)

has made an application to have you the above named respondent of ............................................................ .....

*(in court area and district aforesaid)

barred from the family home situate at............................................................ .................................... because the safety or welfare of the said applicant or of any dependent children of the family requires it.

TAKE NOTICE that this application will be heard at the sitting of the District Court at............................................................ ............................................................ .................................. in court area and district aforesaid

on the   day of        19 at   .m.

To

of

(the above named respondent)

*Delete where inapplicable.

SCHEDULE A

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

section 22

ORDER BARRING SPOUSE FROM FAMILY HOME

WHEREAS an application was made on the  day of    19 , by the above named applicant

*residing

_____________________________________

*carrying on profession, business or occupation

at....................................... †(in court area and district aforesaid) be barred from the family home;

AND WHEREAS the Court is satisfied--

(i) that the summons herein dated     day of          19

was duly served on the respondent

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

AND WHEREAS the Court is of opinion that there are reasonable grounds for believing that the safety or welfare of the applicant or of any dependent child of the family requires it.

THE COURT HEREBY ORDERS that the said respondent leave the family home to wit............................................................ ............................................................ ...........................and prohibits him from entering the said home until the Court further orders. This order to expire three months after the date hereof †(or until the     day of    19  , a day within three months after the date hereof).

*Delete whichever inapplicable.

†Delete where inapplicable.

SCHEDULE A

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

section 22 (2)

SUMMONS TO DISCHARGE ORDER BARRING SPOUSE FROM FAMILY HOME

YOU ARE HEREBY REQUIRED to appear at the sitting of the District Court at........................................ in court area and district aforesaid on the   day of          19 at     .m. upon the hearing of an application by the above named *Applicant of..................

                    *Respondent

..............................................to have the Order dated   day of        19 made at the sitting of the District Court at............................................................ ............................................................ .............................

whereby ............................................................ ............................................................ ..................................................... of............................................................ ............................................................ ................................ was ordered to leave the family home and was prohibited from entering the said home.

*Delete whichever inapplicable.

DISCHARGED as provided by section 22 (2) of the above Act.

To

of

*Delete whichever inapplicable.

SCHEDULE A