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

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Interpretation.

3.—(1) In this Act, save where the context otherwise requires—

“antecedent order” means—

(a) a maintenance order,

(b) a variation order,

(c) an interim order,

(d) an order under section 8 of this Act (in so far as it is deemed under that section to be a maintenance order),

(e) an order deemed under section 30 of this Act to be a maintenance order,

(f) an order providing for a periodical payment under the Illegitimate Children (Affiliation Orders) Act, 1930 ,

(g) an order for maintenance under section 11 (2) (b) of the Guardianship of Infants Act, 1964 ,

(h) an enforceable maintenance order under the Maintenance Orders Act, 1974 ,

(i) an order for payment of alimony pending suit or permanent alimony;

“attachment of earnings order” means an order under section 10 of this Act;

“Court” shall be construed in accordance with section 23 of this Act;

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

(a) of both spouses, or adopted by both spouses under the Adoption Acts, 1952 to 1974, 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 1974, 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,

who is under the age of sixteen years, or, if he has attained that age—

(i) 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

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

“desertion” includes conduct on the part of one spouse that results in the other spouse, with just cause, leaving and living separately and apart from him, and cognate words shall be construed accordingly;

“earnings” means any sums payable to a person—

(a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service);

(b) by way of pension or other like benefit in respect of employment (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment);

“interim order” means an order under section 7 of this Act;

“maintenance creditor”, in relation to an order under this Act (other than an order under section 22 of this Act), or to proceedings arising out of such an order, means a person on whose application there has been made such an order;

“maintenance debtor”, in relation to an attachment of earnings order, or to proceedings in which a Court has power to make such an order, or to proceedings arising out of such an order, means the spouse by whom payments are required by the relevant antecedent order to be made and, in relation to any other order under this Act (other than an order under section 22 of this Act) or to proceedings in which a Court has power to make such an order, or to proceedings arising out of such an order, means a spouse who is or, if it were made, would be required by such an order to make periodical payments for the support of persons named in the order;

“maintenance order” means an order under section 5 of this Act;

“normal deduction rate” and “protected earnings rate” have the meanings respecively assigned to them by section 10 of this Act;

“variation order” means an order under section 6 of this Act varying a maintenance order.

(2) Subject to section 16 of this Act, the relationship of employer and employee shall be regarded as subsisting between two persons if one of them as a principal and not as a servant or agent pays earnings to the other.

(3) References in this Act to a District Court clerk include references to his successor in the office of District Court clerk and to any person acting on his behalf.

(4) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment, including this Act.