Last week I was asked by a reader to explain the law in relation to the maintenance of children. The Maintenance Act outlines the law in relation to maintenance.

According to Section 2 a man has a duty to maintain his own children. It goes further to say that you also have a duty to maintain every child, whether born in wedlock or not, which, his wife may have living at the time of her marriage with him.

What is important to note, is that even if you cohabit with a woman you are obligated to maintain every child which that woman may have living at the time of the commencement of such cohabitation.

A woman also has the duty to maintain her own children if she is a widow/unmarried. The Act goes further to outline that a woman must also maintain a child which a man is required to maintain under Section 2 if he fails to perform his obligation.

Wives

Every man is required to maintain his wife, irrespective of her being able to maintain herself. However, no husband will be ordered to maintain his wife if the following is proved:

(a) that his wife has committed adultery (unless such adultery has been condoned), or

(b) his wife wilfully and without just cause has deserted her husband.

How are Maintenance Orders obtained?

You may apply to the Resident Magistrate's Court explaining that you or your child is entitled to be maintained. The RM will then issue a summons to the person or persons complained against to appear at the RM Court in that parish to be held on a day specified in the summons.

If the RM is satisfied that the party complaining is entitled under the Maintenance Act to be maintained by the party complained against, he/she will then enquire into the means of the party or parties complained against.

If satisfied that he has the ability to maintain or contribute to the maintenance of the party complaining against, the RM will then make a Maintenance Order against such party or parties, to pay either to the party complaining, or to some person approved by the RM, such periodical sum as is reasonable in the circumstances.

Duration of order of maintenance

Any order in respect of children will last until the child turns 16 or, if the judge thinks fit, until that child turns 18. Where the judge is satisfied that the child in respect of whom an order of maintenance has been made is or will be engaged in a course of education or training after he turns 18, the judge may, by order, direct that the maintenance lasts until the child turns 21.

In the case of any other person (such as a spouse) the order will last for a period which will be named in the order.

It is important to note that a Maintenance Order may be renewed at any time if the circumstances of the parties change.