Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Section 85 amends section 41 of the Family Law Act 1995 to clarify that, where the court orders a maintenance payment under another Act to be paid by a cohabitant of the child's parent, that maintenance payment may be secured to the maintenance applicant under section 41. Section 86 amends section 42 of the 1995 act, which allows the court, either instead of or as well as securing a maintenance order under section 41, to order a lump sum payment. The Deputy raised this point on Second Stage.

The amendment in paragraph (a) is technical to reflect the additional categories of orders which may be so secured. The amendment in paragraph (b) provides for the insertion of a new subsection which gives the court the powers to order how a lump sum should be spent, including providing suitable accommodation for a child.