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26 1987

STATUS OF CHILDREN ACT, 1987

PART IV

Maintenance

Definition ( Part IV ).

14. —In this Part “the Act of 1976” means the Family Law (Maintenance of Spouses and Children) Act, 1976 .

Disputed parentage in maintenance proceedings, etc.

15. —Where, in any proceedings before a court relating to the maintenance of a child or the payment of a lump sum in respect of the expenses for the birth or funeral of a child, the making of an order for the purpose of granting such maintenance or the payment of such a lump sum, as the case may be, depends on a finding that a person is a parent of the child, the court shall not in those proceedings make any such order unless it is proved on the balance of probabilities that that person is a parent of the child.

Amendment of section 3 of the Act of 1976.

16. —Section 3 of the Act of 1976 is hereby amended in subsection (1)—

(a) by the insertion after the definition of “Court” of the following definition:

“‘dependent child’ means any child (including a child whose parents are not married to each other) who is under the age of sixteen years, or, if he has attained that age—

(a) is or will be or, if an order were made under this Act providing for periodical payments for his support, would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of twenty-one years, or

(b) is suffering from mental or physical disability to such extent that it is not reasonably possible for him to maintain himself fully;”,

(b) by the substitution for the definition of “dependent child of the family” of the following definition:

“‘dependent child of the family’, in relation to a spouse or spouses, means any dependent child—

(a) of both spouses, or adopted by both spouses under the Adoption Acts, 1952 to 1976, or in relation to whom both spouses are in loco parentis, or

(b) of either spouse, or adopted by either spouse under the Adoption Acts, 1952 to 1976, or in relation to whom either spouse is in loco parentis, where the other spouse, being aware that he is not the parent of the child, has treated the child as a member of the family;”,

(c) by the insertion after the definition of “interim order” of the following definition:

“‘lump sum order’ means an order under section 21A of this Act;”,

(d) by the substitution of the following definition for the definition of “maintenance order”:

“‘maintenance order’ means, where the context requires, an order under either section 5 or 5A of this Act;”,

and

(e) by the insertion before the definition of “variation order” of the following definition:

“‘parent’, in relation to a dependent child, includes a person who has adopted the child under the Adoption Acts, 1952 to 1976, but does not include a person who is a parent of the child adopted under those Acts where the person is not an adopter of the child;”.

Amendment of section 5 of the Act of 1976.

17. —Section 5 of the Act of 1976 is hereby amended—

(a) by the insertion in subsection (1) (c)—

(i) of “under this section” after “maintenance order”, and

(ii) of “of the family” after “dependent child” in each place it occurs,

and

(b) by the substitution of the following subsection for subsection (4):

“(4) The Court, in deciding whether to make a maintenance order under this section and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case and, in particular, to the following matters—

(a) the income, earning capacity (if any), property and other financial resources of—

(i) the spouses and any dependent children of the family, and

(ii) any other dependent children of which either spouse is a parent,

including income or benefits to which either spouse or any such children are entitled by or under statute, and

(b) the financial and other responsibilities of—

(i) the spouses towards each other and towards any dependent children of the family, and

(ii) each spouse as a parent towards any other dependent children,

and the needs of any such children, including the need for care and attention.”,

and the said subsection (1) (c), as so amended, is set out in the Table to this section.

TABLE

(c) A maintenance order under this section or a variation order shall specify each part of a payment under the order that is for the support of a dependent child of the family and may specify the period during the lifetime of the person applying for the order for which so much of a payment under the order as is for the support of a dependent child of the family shall be made.

Maintenance order (provision for certain dependent children).

18. —The Act of 1976 is hereby amended by the insertion after section 5 of the following section:

“5A.—(1) Subject to subsection (3) of this section, where, in respect of a dependent child whose parents are not married to each other, it appears to the Court on application to it by either parent of the child that the other parent has failed to provide such maintenance for the child as is proper in the circumstances, the Court may make an order (in this Act referred to as amaintenance order) that the other parent make to the applicant parent periodical payments, for the support of the child as aforesaid, for such period during the lifetime of the applicant parent, of such amount and at such times, as the Court may consider proper.

(2) Subject to subsections (3) and (4) of this section, where in respect of a dependent child whose parents are not married to each other it appears to the Court, on application to it by any person other than a parent, that a parent of the child (not being a child who is being fully maintained by the other parent) has failed to provide such maintenance for the child as is proper in the circumstances, the Court may make an order (in this Act referred to as a maintenance order) that the parent make to that person periodical payments for the support of the child for such period during the lifetime of that person, of such amount and at such times as the Court may consider proper.

(3) The Court, in deciding whether to make a maintenance order under this section and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case and, in particular, to the following matters—

(a) the income, earning capacity (if any), property and other financial resources of—

(i) each parent,

(ii) the dependent child in respect of whom the order is sought, and

(iii) any other dependent children of either parent,

including income or benefits to which either parent, the dependent child as aforesaid or such other dependent children are entitled by or under statute, and

(b) the financial and other responsibilities of each parent towards—

(i) a spouse,

(ii) the dependent child in respect of whom the order is sought, and

(iii) any other dependent children of either parent,

and the needs of any dependent child as aforesaid or of any such other dependent children, including the need for care and attention.

(4) The Court shall not make a maintenance order under subsection (2) of this section in relation to a parent of a dependent child if a maintenance order under subsection (1) of this section requiring that parent to make periodical payments for the support of the child is in force or that parent has made provision for the child by an agreement under which, at or after the time of the hearing of the application for the order under the said subsection (2), payments fall to be made and in relation to which an order under section 8A of this Act has been made unless—

(a) the parent is not complying with the order under the said subsection (1) or the agreement, as the case may be, and

(b) the Court, having regard to all the circumstances, thinks it proper to do so,

but, if the Court makes the order under the said subsection (2), any amounts falling due for payment under the order under the said subsection (1) or the agreement, as the case may be, on or after the date of the making of the order under the said subsection (2) shall not be payable.”.

Amendment of section 6 of the Act of 1976.

19. —Section 6 of the Act of 1976 is hereby amended in subsection (3)—

(a) by the deletion of “of the family” where it first occurs, and

(b) by the substitution of “for the purposes of the order” for “of the family” where it last occurs,

and the said subsection, as so amended, is set out in the Table to this section.

TABLE

(3) That part of a maintenance order which provides for the support of a dependent child shall stand discharged when the child ceases to be a dependent child by reason of his attainment of the age of sixteen years or twenty-one years, as the ease may be, and shall be discharged by the Court, on application to it under subsection (1) of this section, if it is satisfied that the child has for any reason ceased to be a dependent child for the purposes of the order.

Orders in respect of certain other agreements.

20. —The Act of 1976 is hereby amended by the insertion after section 8 of the following section:

“8A.—Where—

(a) the parents of a dependent child who are not married to each other enter into an agreement in writing after the commencement of Part IV of the Status of Children Act, 1987, that includes either or both of the following provisions, that is to say—

(i) a provision whereby a parent undertakes to make periodical payments towards the maintenance of the child,

(ii) a provision affecting the interests of the child which governs the rights and liabilities of the parents towards one another in respect of the making or securing of payments (other than payments specified in paragraph (a)(i) of this section), or the disposition or use of any property,

and

(b) an application is made by one or both of the parents to the High Court or the Circuit Court for an order making the agreement a rule of court,

that Court may make such an order if it is satisfied that the agreement is a fair and reasonable one which in all the circumstances adequately protects the interests of the child and such order shall, in so far as it relates to a provision specified in paragraph (a)(i) of this section, be deemed, for the purposes of section 9 and Part III of this Act, to be a maintenance order.”.

Birth and funeral expenses of dependent child.

21. —(1) The Act of 1976 is hereby amended by the insertion after section 21 of the following section:

“21A.—(1) The Court may make an order (in this Act referred to as a lump sum order) where it appears to the Court on application by—

(a) in relation to a dependent child of the family, a spouse, or

(b) in relation to a dependent child whose parents are not married to each other, a parent,

that the other spouse or parent, as the case may be, has failed to make such contribution as is proper in the circumstances towards the expenses incidental to either or both—

(i) the birth of a child who is a dependent child or who would have been a dependent child were he alive at the time of the application for a lump sum order,

(ii) the funeral of a child who was a dependent child or who would have been a dependent child had he been born alive,

and any lump sum order shall direct the respondent spouse or parent, as the case may be, to pay to the applicant a lump sum not exceeding £1,500, but no such order shall direct the payment of an amount exceeding £750 in respect of the birth of a child to whom this section relates or £750 in respect of the funeral of such a child.

(2) Section 5 (4) (as amended by the Status of Children Act, 1987) or 5A (3) (inserted by the said Act) of this Act, as may be appropriate, shall apply for the purpose of determining the amount of any lump sum under this section as it applies for the purpose of determining the amount of any payment under section 5 or 5A of this Act, as appropriate.

(3) (a) Nothing in this section, apart from this subsection, shall prejudice any right of a person otherwise to recover moneys expended in relation to the birth or funeral of a child.

(b) Where an application for a lump sum order has been determined, the applicant shall not be entitled otherwise to recover from the respondent moneys in relation to matters so determined.”.

(2) Section 64 of the Health Act, 1970 , is hereby amended by the substitution of the following subsection for subsection (3):

“(3) In deciding whether or not to make an order under section 21A of the Family Law (Maintenance of Spouses and Children) Act, 1976 (inserted by the Status of Children Act, 1987), in so far as any such order relates to the payment of expenses incidental to the birth of a child, the Circuit Court or the District Court, as the case may be, shall not take into consideration the fact that the mother of the child is entitled to a grant under this section.”.

(3) Section 28 of the Social Welfare (Consolidation) Act, 1981 , is hereby amended by the substitution of the following subsection for subsection (2):

“(2) In deciding whether or not to make an order under section 21A of the Family Law (Maintenance of Spouses and Children) Act, 1976 (inserted by the Status of Children Act, 1987), in so far as any such order relates to the payment of expenses incidental to the birth of a child, the Circuit Court or the District Court, as the case may be, shall not take into consideration the fact that the mother of the child is entitled to maternity allowance.”.

Amendment of section 23 of the Act of 1976.

22. —Section 23 of the Act of 1976 is hereby amended by the substitution in subsection (1) (inserted by the Courts Act, 1981 ) of “sections 5, 5A, 6, 7, 9 and 21A” for “sections 5, 6, 7 and 9”, and the said subsection (1), as so amended, is set out in the Table to this section.

TABLE

(1) Subject to subsection (2) of this section, the Circuit Court and the District Court shall have jurisdiction to hear and determine proceedings under sections 5 , 5A, 6 , 7 , 9 and 21A of this Act.

Amendment of section 24 of the Act of 1976.

23. —Section 24 of the Act of 1976 is hereby amended by the insertion of “or 8A” after “section 8” and by the substitution of “either of those sections” for “that section”, and the said section, as so amended, is set out in the Table to this section.

TABLE

24.—A periodical payment of money pursuant to a maintenance order, a variation order, an interim order, an order under section 8 or 8A of this Act (in so far as it is deemed under either of those sections to be a maintenance order), or an attachment of earnings order shall be made without deduction of income tax.

Amendment of Defence Act, 1954.

24. —(1) The reference in section 98 (1)(d) of the Defence Act, 1954 , to an order made by a civil court under section 3 , 6 or 7 of the Illegitimate Children (Affiliation Orders) Act, 1930 , shall be construed as a reference to an order under section 5A, 6, 7 or 21A of the Act of 1976 (as amended by this Part) or an order under section 8A (inserted by this Part) of the Act of 1976 (in so far as it is deemed under that section to be a maintenance order).

(2) Section 99 (as extended to women by virtue of sections 2 and 5 of the Defence (Amendment) (No. 2) Act, 1979 ) of the Defence Act, 1954 (which relates to deductions from the pay of certain members of the Permanent Defence Force in respect of maintenance of a spouse or legitimate children) is hereby amended by the substitution insubsection (1) of “his spouse or any of his children (including any of his children in respect of whom his spouse is not a parent and any children he has adopted under the Adoption Acts, 1952 to 1976)” for “his wife or any of his legitimate children” and of “the spouse or any such children” for “the wife or such legitimate children”.

Repeal of the Act of 1930 and consequential provisions.

25. —(1) The Illegitimate Children (Affiliation Orders) Act, 1930 (hereafter in this section referred to as “the Act of 1930”) is hereby repealed.

(2) Any order made by a court under the provisions of the Act of 1930 and in force immediately before the commencement of this Part shall, in so far as such order could have been made under section 5A (inserted by this Part) of the Act of 1976 had it been in operation when that order was made, be deemed for all purposes to be an order made under the said section 5A.

(3) Any proceedings initiated under the provisions of the Act of 1930 and not completed before the commencement of this Part shall, in so far as such proceedings could have been initiated under section 5A of the Act of 1976 had it been in operation at such initiation, be deemed for all purposes to be proceedings under the said section 5A and may be continued accordingly.

(4) Subsections (2) and (3)of this section are without prejudice to any proceedings initiated, or any order or part of such order made, under the Act of 1930 to which those subsections do not relate.