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54.8 Maintenance Order - Family Law (Maintenance Of Spouses And Children) Act, 1976 Section 5A(1) As Amended

This form is used to apply for a maintenance order under Section 5A(1) of the Family Law (Maintenance of Spouses and Children) Act, 1976 as amended. It should be used when seeking financial support from a spouse or former spouse for yourself or your children.

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Form Overview

54.8 Maintenance Order - Family Law (Maintenance Of Spouses And Children) Act, 1976 Section 5A(1) As Amended

This form is used to apply for a maintenance order under Section 5A(1) of the Family Law (Maintenance of Spouses and Children) Act, 1976 as amended. It should be used when seeking financial support from a spouse or former spouse for yourself or your children.

The form captures information about financial circumstances, dependents, and the amount of maintenance being requested.

Risk Radar

  • The most common mistake is failing to provide complete and accurate financial information for both parties.
  • Providing inaccurate financial information
  • Failing to disclose all sources of income
  • Not including documentation for dependents
  • Missing the court filing deadline

Plain English

A maintenance order is a legal instruction that requires one person to provide financial support to another. This specific form helps you request that the court orders your spouse or former spouse to pay regular financial support for you or your children.

Submission Date

  • There is no strict deadline for filing this form, but it should be submitted as early as possible once you decide to seek maintenance. Delays may affect the date from which maintenance payments are ordered.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use this form when seeking maintenance from a spouse or former spouse
  • Use when you need to establish a new maintenance order
  • Use when modifying an existing maintenance order
  • Do not use for child maintenance only - there may be a different form for that purpose
  • Do not use for maintenance from parents to adult children

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
SituationLikely formWhy it mattersCheck before you continue
Child maintenance onlyForm 54.9Different legal provisions applyVerify if you're seeking maintenance for children only
Maintenance from parents to adult childrenDifferent formDifferent legal provisionsConfirm the relationship between parties
Interim maintenance during divorce proceedingsForm 54.8 with additional documentationTemporary arrangements before final orderCheck if you need additional supporting documents
International maintenanceForm 54.8 with Hague Convention documentationDifferent enforcement mechanismsVerify if the other party is in a different country

Deadline or filing window

There is no strict deadline for filing this form, but it should be submitted as early as possible once you decide to seek maintenance. Delays may affect the date from which maintenance payments are ordered.

Before you submit

  • All sections of the form are completed
  • Financial information for both parties is accurate and current
  • Supporting documentation is attached
  • Correct filing fee is included
  • Form is signed in all required places
  • A copy is kept for your records
  • Form is submitted to the correct court office

How to file this form

  1. 1Obtain the current version of Form 54.8 from the Courts Service website or court office
  2. 2Complete all sections with accurate information about financial circumstances
  3. 3Gather supporting documentation including payslips, bank statements, and details of dependents
  4. 4Submit the completed form to the appropriate court office with the required fee
  5. 5Attend any scheduled court hearings
  6. 6Keep copies of all submitted documents for your records

Known limitations

  • This form only applies to maintenance under the Family Law (Maintenance of Spouses and Children) Act, 1976
  • The court will consider both parties' financial circumstances when determining maintenance amounts
  • Maintenance orders may be modified if circumstances change significantly
  • This form does not apply to maintenance arrangements agreed between parties without court involvement

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Current Form Status

This form is current as of the latest amendments to the Family Law (Maintenance of Spouses and Children) Act, 1976. Always check the Courts Service website for the most recent version before filing.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify you're using the most current version of Form 54.8
  • Check for any recent amendments to the Family Law (Maintenance of Spouses and Children) Act
  • Confirm the correct filing fees have not changed
  • Ensure all required sections are completed in the latest version
  • Check if any additional documentation is now required

Quick Facts

This form should be completed by a spouse or former spouse seeking maintenance for themselves or their children.
The form captures information about financial circumstances, dependents, and the amount of maintenance being requested.
Submit this form when you need to establish or modify maintenance arrangements, typically after separation or divorce proceedings have begun.
Submit this form to the relevant Circuit Court or District Court office in Ireland where your case will be heard.
Submitting an incomplete or incorrect form can delay your case, result in inappropriate maintenance amounts, or require you to start the process over.
Complete all sections with accurate financial information about both parties. Attach supporting documents like payslips, bank statements, and details of any dependents. Submit the completed form to the appropriate court office with the required fee.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

54.8 Maintenance Order - Family Law (Maintenance Of Spouses And Children) Act, 1976 Section 5A(1) As Amended

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After you file

  • Keep copies of all submitted documents
  • Attend any scheduled court hearings
  • Notify the court if your financial circumstances change significantly
  • Follow up on the court's decision and any resulting maintenance arrangements
  • Keep records of all maintenance payments received

Source and verification log

  • Form number: 54.8
  • Issuing agency: Courts Service of Ireland
  • Legal basis: Family Law (Maintenance Of Spouses And Children) Act, 1976 Section 5A(1)
  • Form is for maintenance orders
  • Specific maintenance provisions for spouses and children
  • Form has been amended since original enactment
  • Not confirmed in official source: Current filing fees
  • Not confirmed in official source: Specific court office locations

Common confusion points

7 things to watch for

  • 1

    Confusing maintenance with property division

  • 2

    Not understanding that maintenance can be for both spouse and children

  • 3

    Assuming maintenance is permanent rather than potentially modifiable

  • 4

    Not realizing both parties must disclose financial information

  • 5

    Confusing interim maintenance with final maintenance orders

  • 6

    Not understanding that maintenance can be paid directly or through deductions from income

  • 7

    Assuming the form alone guarantees a maintenance order

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