Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 18:

In page 42, between lines 6 and 7, to insert the following:

50.—(1) The court may, on making a maintenance order under section 44, order the maintenance debtor in addition to, or instead of such an order, to make a lump sum payment or lump sum payments to the maintenance creditor of such amount or amounts and at such time or times as may be specified in the order.

(2) The amount or aggregate amount of a lump sum payment or of lump sum payments to a maintenance creditor under an order under this section shall be—

(a) if the order is instead of an order for the making of periodical payments to the maintenance creditor, such amount as the court considers appropriate having regard to the amount of the periodical payments that would have been made, and the periods during which and the times at which they would have been made, but for this section, and

(b) if the first-mentioned order is in addition to an order for the making of periodical payments to the maintenance creditor, such amount as the court considers appropriate having regard to the amount of the periodical payments and the periods during which and the times at which they will be made.

(3) The amount or aggregate amount of a lump sum payment or of lump sum payments provided for in an order of the District Court under this section shall not exceed €6,350.".

Amendments Nos. 18 and 19 insert additional provisions relating to the maintenance of civil partners, which are relevant to existing provisions for spouses in the family law code. A civil partner may apply under section 44 for maintenance from the other civil partner, while the couple are still legally civil partners of each other. Where a maintenance order has been made under section 44, amendment No. 18 inserts a new section 15 to allow the court to make lump-sum maintenance orders. Amendment No. 19 inserts a new section 51 to allow a court to make secured maintenance orders. These amendments give the maintenance creditor greater assurance that the maintenance will be paid.

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