I move amendment No. 23:
In page 14, subsection (2), lines 16 and 17, to delete "section 20 or in section 22 (2)" and substitute "section 19 (2) (i) or 19 (3) or in section 22".
SECTION 23.
Amendment agreed to.
Section 23, as amended, agreed to.
NEW SECTION.
I move amendment No. 24:
In page 14, before section 24, to insert the following new section:
"24.—Notwithstanding anything in this Act, the provisions of section 9 of the Family Law (Maintenance of Spouses and Children) Act, 1976, shall apply in relation to an order for maintenance pending suit, to a periodical payments order or a secured periodical payments order, subject to the modifications that the reference in subsection (4) of the said section 9 to the maintenance creditor shall be construed as a reference to the person to whom payments under the order would be made and the other references in the said section 9 to the maintenance creditor shall be construed as references to the person on whose application the periodical payments order was made."
This amendment will replace section 24 of the Bill which enables maintenance payments and lump sum payments ordered by the court under Part II of the Bill to be made to District Court clerks under arrangements that exist in section 9 of the Family Law (Maintenance of Spouses and Children) Act, 1976. The amendment takes account of the acceptance on Report Stage of amendments concerning maintenance pending suit, now section 14 of the Bill, and periodical payments, now section 15 of the Bill.
Another change being made by the present amendment is that unlike section 22 as it stands it does not provide for the payment of lump sums through the District Court clerk. Lump sums could vary enormously in amount and for that reason it would not be appropriate to use the machinery in the 1976 Act that is primarily intended to cover periodical payments. In addition to taking account of the matters I have mentioned, the amendment makes some changes in the wording of section 24 so as to bring it more in line with the corresponding provisions in section 28 (1) (g) of the 1976 Act.
This is largely a technical amendment that is required as a result of earlier amendments agreed by the committee.
Amendment agreed to.
Section 24 deleted.
NEW SECTION.
I move Amendment No. 25:
In page 14, before section 25, to insert the following new section:
"25.—(1) Subject to subsection (2) of this section, section 3 (1) of the Family Law (Maintenance of Spouses and Children) Act, 1976, is hereby amended by the deletion in the definition of ‘antecedent order' of—
‘(i) an order for payment of alimony pending suit or permanent alimony;'
and the substitution of—
‘(i) an order for alimony pending suit;
(j) an order for payment of maintenance pending suit under the Judicial Separation and Family Law Reform Act, 1989, or a periodical payments order under that Act.'.
(2) Subsection (1) of this section shall not affect the application of the Family Law (Maintenance of Spouses and Children) Act, 1976, to an order for payment of permanent alimony in force at the commencement of this Act."
This is a technical amendment.
Amendment agreed to.
Section 25 deleted.
NEW SECTIONS.
I move amendment No. 26:
In page 14, before section 26, to insert the following new section:
"26.—Payments of money pursuant to an order under this Part shall be made without deduction of income tax."
This is purely a technical amendment.
Amendment agreed to.
I move amendment No. 27:
In page 14, before section 26, to insert the following new section:
".—The reference in section 98 (1) (h) of the Defence Act, 1954, to an order for payment of alimony shall be construed as including references to an order for maintenance pending suit, a periodical payments order and a secured periodical payments order."
Amendment agreed to.
Section 26 deleted.
NEW SECTION.
I move amendment No. 28:
In page 14, before section 27, to insert the following new section:
".—The references in subsections (1) and (7) of section 8 of the Enforcement of Court Orders Act, 1940 (as amended by section 29 of the Family Law (Maintenance of Spouses and Children) Act, 1976), to an order shall be construed as including references to an order for payment of maintenance pending suit and a periodical payments order under this Act.".
Amendment agreed to.
SECTION 27.
I move amendment No. 29:
In page 14, subsection (1), line 38, to delete "sections 11, 14, 19, 21 and 22" and substitute "sections 14, 15, 16, 17 (a), 17 (b), 21 and 22 (except subsection (6))".
Amendment agreed to.
Section 27, as amended, agreed to.