Order 54
Maintenance of Spouses, Civil Partners and Children
ORDER 54: MAINTENANCE OF SPOUSES, CIVIL PARTNERS AND CHILDREN [1]
Definitions.
1. In this Order—
“the Act of 1976” means the Family Law (Maintenance of Spouses and Children) Act 1976 (No. 11 of 1976);
the “Act of 1987” means the Status of Children Act 1987 (No. 26 of 1987);
the “Act of 1995” means the Family Law Act 1995 (No. 26 of 1995);
the “Act of 1996” means the Family Law (Divorce) Act 1996 (No. 33 of 1996);
the “Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010);
the “Act of 2015” means the Children and Family Relationships Act 2015 (No. 9 of 2015);
“competent authority” has the meaning assigned to it in Order 98.
Venue.
2.(1) Subject to the provisions of Order 41B, proceedings under the Act of 1976 or under the Act of 2010 may be brought, heard or determined at any sitting of the Court for the court area where either party to the proceedings ordinarily resides or carries on any profession, business or occupation.
(2) Where however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situate, certifies on a summons or a notice of application that the proceedings are urgent, the summons or notice may be issued for, and the proceedings may be heard and determined at, any sitting of the Court in that district.
Hearing to be otherwise than in public.
3. Proceedings under the Act of 1976 or the Act of 2010 shall be heard otherwise than in public.
Applications for maintenance orders.
4.(1) An application for a maintenance order under:
(a) section 5(1)(a) of the Act of 1976;
(b) section 5(1)(b) of the Act of 1976;
(c) section 5A(1) of the Act of 1976 (inserted by section 18 of the Act of 1987),
(d) section 5A(2) of the Act of 1976 (inserted by section 18 of the Act of 1987),
(e) section 5B(2) of the Act of 1976 (inserted by section 73 of the Act of 2015),
(f) section 5C(2) of the Act of 1976 (inserted by section 73 of the Act of 2015),
(g) section 45(1) of the Act of 2010 by a civil partner for a maintenance order,
(h) section 175 of the Act of 2010 by a qualified cohabitant,
(i) by a spouse or parent under section 21A(1) of the Act of 1976 (inserted by section 21 of the Act of 1987), for a lump sum order in respect of the expenses incidental to the birth or funeral of a dependent child, or
(j) by a civil partner under section 67A(1) of the Act of 2010 (inserted by section 147 of the Children and Family Relationships Act 2015) for a lump sum order in respect of the expenses incidental to the birth or funeral of a dependent child,
must be preceded by the completion by the applicant of an application form in the Form 54.1, Schedule C, which must be submitted to the Clerk. Upon receipt of the completed application form, the Clerk will issue a maintenance summons in the Form 54.2 , Schedule C. The maintenance summons, and a copy of the application form must be served on the respondent by the applicant.
(2) The order of the Court granting such application for periodic maintenance may be in the Form 54.5, 54.6, 54.7, 54.8 Schedule C, as appropriate, with the necessary modifications where the order is made under the 2010 Act.
(3) A lump sum order under Section 21A(1)of the Act of 1976 or, as the case may be, section 67A(1) of the Act of 2010, may be in the Form 54.15, Schedule C, with the necessary modifications where the order is made under the 2010 Act.
(4) Where, under the powers conferred by section 42 of the Act of 1995 or, as the case ma\y be, under the powers conferred by section 51 of the Act of 2010, an order is made in the District Court providing for the making of a lump sum payment or lump sum payments, the order of the Court may be in the Form 54.24, 54.25, 54.26 or 54.27 Schedule C as the case may be, with the necessary modifications where the order is made under the 2010 Act.
Application to discharge or vary maintenance order.
5.(1) An application:
(a) by a maintenance debtor for the discharge of a maintenance order under section 6(1)(a) of the Act of 1976, or
(b) by either party to the proceedings under section 6(1)(b) of the Act of 1976 to discharge or vary a maintenance order made by the District Court, or
(c) by a maintenance debtor for the discharge of part of a maintenance order under section 6(3) of the Act of 1976, or
(d) by the maintenance creditor, the maintenance debtor or the Clerk on whose application the order was made, for an order discharging or varying an attachment of earnings order under section 17(1) of the Act of 1976, or
(e) by either party to the proceedings under section 46 of the Act of 2010 to discharge, vary or terminate a maintenance order made by the District Court, or
(f) by either party to the proceedings under section 173(6) of the Act of 2010 to vary or discharge an order or to suspend or revive a provision of an order made under section 175 of the Act of 2010, or
(g) by the maintenance creditor, the maintenance debtor or the Clerk on whose application the order was made, for an order discharging or varying an attachment of earnings order under section 183(1) of the Act of 2010,
must be preceded by the completion by the applicant of an application form in the Form 54.9, Schedule C, which must be submitted to the Clerk. Upon receipt of the completed application form, the Clerk shall issue a maintenance summons in the Form 54.2, Schedule C. The maintenance summons and a copy of the application form must be served on the maintenance debtor and on any other person who would be affected by the making of the order sought by the maintenance creditor.
(2) The order of the Court on the application may be in the Form 54.10 or 54.12 , Schedule C, with the necessary modifications where the order is made under the 2010 Act.
Interim order.
6. An interim order made by the Court under:
(a) section 7 of the Act of 1976, or
(b) section 47 of the Act of 2010,
may be in the Form 54.13 Schedule C, with any necessary adaptations.
Clerk to send copy of order.
7.(1) Where the Court makes a maintenance order, an order varying, discharging or discharging part of such order, an interim order or a lump sum order in respect of the birth or funeral expenses of a dependent child, the Clerk shall give to, or send by registered prepaid post to the maintenance debtor or to the respondent party (as the case may be) a copy of the order so made.
(2) A copy of an order mentioned in sub-rule (1) given or sent to a maintenance debtor must have endorsed on it, or be accompanied by a notice containing the following statement:
“This order is made by the District Court. If you the maintenance debtor fail to make a payment due under this order, you may be liable to imprisonment for contempt of court.
In certain limited circumstances (including a material change of circumstances since the order was made or last varied), the District Court can vary the terms of this order. If you believe that such circumstances arise and are concerned that you may not be able to comply with the terms of this order and would like to apply for a variation, you should consult a solicitor or contact the District Court Clerk at .......”.
Application for direction that payments be made to Clerk.
8. An application under section 9(1)(b) of the Act of 1976 or, as the case may be, section 50(1)(b) of the Act of 2010, for a direction that payments under a maintenance order, a variation order or an interim order be made to the Clerk may be made ex parte. Notice of such application in the Form 54.16 Schedule C, signed by the maintenance creditor or by his or her solicitor, must be lodged with the Clerk at least 48 hours prior to the date of the intended application. The order of the Court granting the application may be in the Form 54.17 Schedule C, with any necessary adaptations.
Payments to the Clerk.
9.(1) Where the Court directs that payments under a maintenance order, a variation order or an interim order shall be made to the Clerk, such Clerk must send a notice in the Form 54.18 Schedule C, with any necessary adaptations, by prepaid ordinary post to the maintenance debtor indicating the place at which and the days and hours during which payments under the order should be made.
(2) The Clerk shall give a receipt to the maintenance debtor for each payment made by him or her and shall transmit such payment to the maintenance creditor or, if authorised in writing by the maintenance creditor so to do, the Clerk may transmit the payment to the competent authority.
Application to discharge direction.
10. An application under section 9(3) of the Act of 1976 or, as the case may be, section 50(3) of the Act of 2010, by a maintenance debtor to have a direction under section 9(1) of the Act of 1976 or, as the case may be, section 50(1) of the Act of 2010, discharged must be preceded by the issue and service upon the maintenance creditor of a summons in the Form 54.19 Schedule C. The order of the Court granting the application may be in the Form 54.20 Schedule C, with any necessary adaptations.
Recovery of arrears.
11.(1) Where payments (whether to be made to the maintenance creditor or to a Clerk) under a maintenance order, a variation order or an interim order are in arrears, the maintenance creditor may apply to the Clerk to issue a summons for service by the maintenance creditor under section 9A of the Act of 1976 (or, as the case may be, section 52A of the Act of 2010) in accordance with Order 57.
(2) Where payments to the Clerk under a maintenance order, a variation order or an interim order are in arrears, and such Clerk receives a request in writing from the maintenance creditor to take such steps as he or she considers reasonable to recover such arrears, such Clerk may:
(a) make application under section 10 of the Act of 1976 (or, as the case may be, section 53 of the Act of 2010) for an attachment of earnings order in accordance with the provisions of Order 56, or
(b) make application under section 8 of the Enforcement of Court Orders Act 1940 in accordance with the provisions of Order 57, or
(c) under section 9A of the Act of 1976 (or, as the case may be, section 52A of the Act of 2010), in accordance with the provisions of Order 57, in which case, the request in writing may be in the Form 57.3, Schedule C .
(3) Where payments referred to in sub-rule (2) are in arrears and the Clerk has received no request to recover the arrears, such Clerk may in his or her discretion, having considered the extent of the arrears and any other relevant matter, notify the maintenance creditor of the means of enforcement available in respect of the order.
Service of summonses.
12.(1) A summons (and any document required to accompany it) required by this Order to be served must be served upon the person to whom it is directed in accordance with the provisions of Order 41 at least 14 days before the date of the sitting of the Court to which the summons is returnable.
(2) Save where service has been effected by the Clerk, a statutory declaration as to service of the summons (and any other document concerned) must be lodged with the Clerk at least two days before the said date of hearing.
Rules to apply to orders for maintenance pending suit etc.
13. Where the Clerk receives a copy—
(a) of an order for maintenance pending suit, of a periodical payments order or of a secured periodical payments order made under the Act of 1995, or of any such order as aforesaid as affected by an order under section 18 of the Act of 1995,
(b) of an order for maintenance pending suit, of a periodical payments order or a secured periodical payments order made under the Act of 1996 or of any such order as aforesaid as affected by an order under section 22 of the Act of 1996, or
(c) of an order for maintenance pending suit, of a periodical payments order or of a secured periodical payments order made under the Act of 2010,
from the Registrar of the Court which made that order, and payments under the order are directed to be made to the District Court Clerk (as provided for in section 20 of the Act of 1995 and in section 28 of the Act of 1996 (or, as the case may be, section 50, or section 50 as applied by section 134 of the Act of 2010)), such Clerk shall register particulars of the order and shall proceed in relation thereto as if it were a maintenance order made at a sitting of the District Court for the district court area to which that Clerk is assigned.
Orders to secure payments.
14.(1) Where the Court has made an order providing for periodical payments by way of support or maintenance by a maintenance debtor to a maintenance creditor, an application may be made to the Court on a date subsequent to the date on which such order is made pursuant to the provisions of section 41 of the Act of 1995 or, as the case may be, section 52 of the Act of 2010, by any person having an interest in the proceedings to secure the said payments to the maintenance creditor.
(2) Such application must be preceded by the issue and service of a notice in the Form 54.22 Schedule C. The order of the Court granting such application may be in the Form 54.23 Schedule C.
Stay on certain orders the subject of appeal.
15.(1) Notwithstanding the provisions of Order 25, rule 9(4) and Order 101, and that an appellant has entered into a recognizance of appeal, an appeal from an order under—
(i) section 11(2)(b) of the Guardianship of Infants Act 1964, (No. 7 of 1964),
(ii) section 5, 5A or 7 of the Act of 1976, or
(iii) section 45 or 47 of the Act of the Act of 2010
shall, if the Court so determines (but not otherwise), stay the operation of the order.
(2) An application to the Court to stay the operation of an order such as is mentioned in sub-rule (1), may be made following the service and lodgment of a notice of appeal and lodgment of the recognizance for appeal and when made otherwise than upon the occasion of the making of those orders must be preceded by the issue of a notice in the Form 54.28 which must be served upon the respondent to the application two days before the hearing of the application. The order of the Court granting the stay may be in the Form 54.29, with any necessary adaptations.
Report under section 47 of the Act of 1976.
16.(1) An application to the Court by a party to make an order giving directions for the purpose of procuring a report in writing on any question affecting the welfare of a party to the proceedings or any other person to whom they relate may be included in writing in the application form or summons, or made at the hearing.
(2) Where the Court grants an application for an order mentioned in sub-rule (1), or makes such an order of its own motion, the order requisitioning the report may be in the Form 58.50, Schedule C.
[1] Order 54 substituted in full by S.I. 221of 2025, effective 3 June 2025.