AI Summary of 43. Amendment of Act of 1976.
The Act of 1976 is amended to expand 'antecedent order' to include maintenance‑pending‑suit and periodical payments orders under the Judicial Separation and Family Law Reform Act 1989 and the Family Law Act 1995, and to raise 'dependent child' ages from sixteen to 18 and from twenty‑one to 23 in section 3 and section 6(3). New section 8B permits the High Court or Circuit Court, on application, to direct pension trustees not to disqualify a spouse because of separation by agreement, requires notice to trustees, allows trustees' representations and permits the court to allocate trustees' costs; 'pension scheme' is as defined in the Family Law Act 1995.
Section 10 is amended to require the court, when making an antecedent order, to make an attachment of earnings order in the same proceedings if the maintenance debtor receives earnings; subsection (2) is extended to include trustees paying periodical pension benefits and subsection (3) requires the court to hear debtor representations on whether earnings fall to be paid and whether payments would be made. Section 23 adds reciprocal disclosure obligations of property and income between spouses and dependent family members and empowers the court to direct compliance.
43. Amendment of Act of 1976.
The Act of 1976 is hereby amended by -
(a) in section 3 -
(i) in the definition of "antecedent order", the substitution of the following paragraphs for paragraph (j):
"(j) an order for maintenance pending suit under the Judicial Separation and Family Law Reform Act, 1989, or a periodical payments order under that Act,
(k) a maintenance pending suit order under the Family Law Act, 1995, or a periodical payments order under that Act;",
and
(ii) in the definition of 'dependent child' the substitution of '18' for 'sixteen' and '23' for 'twenty-one', and
(b) in section 6(3), the substitution of "18" for "sixteen" and "23" for "twenty-one",
(c) the insertion of the following section after section 8A (inserted by the Status of Children Act, 1987):
"8B. Preservation of pension entitlements in separation agreements.