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District Court Rules

Schedule: C - Forms in civil proceedings

Form: 54.10 Order discharging maintenance order or part thereof
S.I. No. 42 of 1998

SCHEDULE C
O.54, r.5.

No. 54.10

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

*section 6(1)(a) as amended

*section 6(3) as amended

Order discharging maintenance order or part thereof


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 of ........ *(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 by the maintenance debtor on the ... day of ..... 19.., (being after a period of one year from the making of the said maintenance order) for the discharge of such order]

*(AND WHEREAS an application was made to the Court by the maintenance debtor on the ... day of ....... 19... for the discharge of such order in so far as such order provides for the weekly payment of £... for the support of ....... born on ........ and who has ceased to be a dependent child for the purposes of that order)

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

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

*(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 for the purposes of that order)

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

*(DISCHARGED in so far as such order provides for the weekly payment of £ for the support of ...... born on .........).

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

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

Judge of the District Court

*Delete words inapplicable.