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District Court Rules

Schedule: C - Forms in civil proceedings

Form: 54.12 Order discharging maintenance order varying

S.I. No. 42 of 1998

SCHEDULE C
O.54, r.6.

No. 54.12

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

section 6 (1) (b) as amended

Order *discharging maintenance order *varying


District Court Area of

District No.

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

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

WHEREAS by maintenance order dated ... day of ..... 19...., made at the sitting of the ..... Court at ....... the above named maintenance debtor *(residing) *(carrying on profession, business or occupation) at .........*(in court area and district aforesaid) was ordered to pay to the above named maintenance creditor *(the weekly sum of £ for her/his support) *(and) *(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 .........

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

........ born on ......... )

AND WHEREAS an application was made to the Court on the ... day of ..... 19..., by the said *maintenance creditor *maintenance debtor for the *discharge *variation of the said maintenance order,

AND WHEREAS the Court is satisfied that the summons herein dated ... day of ... 19..., was duly served upon the *maintenance creditor *maintenance debtor

AND having heard the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor)

THE COURT HEREBY ORDERS—

That the said maintenance order dated ... day of ....... 19... be *discharged *varied as follows—

1. That the maintenance debtor pay to the maintenance creditor for her/his support the weekly sum of £....

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 thechild has attained the age of 23 years, or until such education orinstruction has been completed, whichever is the sooner, or

(ii) is suffering from mental or physical disability to such extent that itis not reasonably possible for the child to maintain himself or herselffully,

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

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

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

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

3. That the first of such payments be made on the .... day of ......... 19.....,

*(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 MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above Act).

Dated this ... day of ...... 19...

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

Judge of the District Court

*Delete words inapplicable.