54.31 Maintenance Order - Family Law (Maintenance Of Spouses And Children) Act 1976 Section 5B (Inserted By Section 73 Of The Children And Family Relationships Act 2015)
This form is a formal request for a Maintenance Order under Family Law in Ireland. It specifically relates to the Maintenance Of Spouses And Children Act 1976 (Section 5B). You use it when you need the Courts Service of Ireland to legally set out who pays maintenance and how much.
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54.31 Maintenance Order - Family Law (Maintenance Of Spouses And Children) Act 1976 Section 5B (Inserted By Section 73 Of The Children And Family Relationships Act 2015)
This form is a formal request for a Maintenance Order under Family Law in Ireland. It specifically relates to the Maintenance Of Spouses And Children Act 1976 (Section 5B). You use it when you need the Courts Service of Ireland to legally set out who pays maintenance and how much.
Risk Radar
- Ensure you specify whether the order applies to the spouse/partner or the children (or both).
- Not detailing current income streams of either party.
- Failing to specify if the order covers spousal OR child maintenance (or both).
- Using outdated contact details for service by.
- Incorrectly citing the relevant section or act in supplementary sections.
Plain English
If you and your partner or children are involved in a separation, this form helps get the court to make a formal ruling about financial support. It locks down the payments so they aren't subject to constant argument. This order covers both spousal (partner) and child maintenance.
Submission Date
- There is no single universal deadline listed in the title. However, it should be submitted as soon as a clear need for a court-enforced maintenance arrangement arises.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • You need a formal court order to legally enforce who pays maintenance.
- • This form is used when seeking an order under Section 5B of the Maintenance Of Spouses And Children Act 1976.
- • Use this if you are establishing or varying payments for spouses or children.
- • It confirms the basis of your claim falls under the specific provisions inserted by the 2015 Act.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Seeking a simple lump sum payment | Maintenance Order (General) | If you aren't specifically claiming under Section 5B or need a broader order | Check if your case fits the specific legal criteria. |
| Applying for an interim maintenance order while waiting for final hearing | Interim Maintenance Application | This is usually filed alongside the main application | Ensure the urgency matches the scope of Form 54.31. |
| Changing existing agreed payments (Variation) | Variation of Maintenance Order | If you already have a court order and need to change the amount/terms | Confirm if the variation specifically relates to Section 5B matters. |
Deadline or filing window
There is no single universal deadline listed in the title. However, it should be submitted as soon as a clear need for a court-enforced maintenance arrangement arises.
Before you submit
- • Ensure all parties involved (spouses/children) are clearly identified.
- • Verify that the requested maintenance amount is clearly stated in currency (€).
- • Attach supporting documentation proving income or need (e.g., payslips, P60s).
- • Confirm the correct court jurisdiction for filing within Ireland.
- • Sign and date the form where indicated by the Courts Service.
- • If represented by a solicitor, ensure their details are fully completed.
How to file this form
- 1Complete all sections of Form 54.31 accurately.
- 2Gather evidence supporting your claim for maintenance.
- 3Sign and date the application form.
- 4File the complete package at the relevant Courts Service office or via the online portal.
- 5Pay any required filing fee (if applicable).
- 6Keep a copy of the submitted form for your records.
Known limitations
- • This form requests an order; it does not guarantee the court will grant the exact amount requested.
- • The specific details of the maintenance calculation are governed by Section 5B, not just this form.
- • Not confirmed in official source: Whether a separate hearing is mandatory or optional upon filing.
- • Not confirmed in official source: If there are specific digital submission requirements overriding paper filing.
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This is a specific application for a Maintenance Order under Irish Family Law. It references the 1976 Act and its update via the Children and Family Relationships Act 2015.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check for updates regarding payment calculation methods.
- • Verify how recent changes from the Children and Family Relationships Act 2015 are reflected in the sections.
- • Confirm the current required signature block details (e.g., solicitor vs. self-representation).
- • Look at any amendments related to digital filing requirements by the Courts Service.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Family Law Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
54.31 Maintenance Order - Family Law (Maintenance Of Spouses And Children) Act 1976 Section 5B (Inserted By Section 73 Of The Children And Family Relationships Act 2015)
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After you file
- • Obtain a receipt or confirmation number from the Courts Service.
- • Track the status of your application through the appropriate online tracking system.
- • Be prepared to attend a hearing date set by the court.
- • If you receive correspondence, review it immediately for next steps.
Source and verification log
- • Issuing Agency: Courts Service of Ireland (COURTS)
- • Form Number: 54.31
- • Governing Act: Maintenance Of Spouses And Children Act 1976
- • Specific Section: Section 5B
- • Amending Legislation: Section 73 Of The Children And Family Relationships Act 2015
- • Context: Formal request for a legally binding Maintenance Order.
Common confusion points
4 things to watch for
- 1
Confusing Section 5B with general spousal maintenance claims (the specific legal hook matters).
- 2
Not knowing whether to use this form if the issue is solely about children's schooling costs vs. daily upkeep.
- 3
Failing to provide evidence that justifies the requested amount.
- 4
Assuming the court will automatically grant the request without a hearing or further information.
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