Can child support be provided by a parent from the UK?

Margaret Macauley

Monday, August 30, 2010

Dear Mrs Macaulay,

My daughter is 13 years old. I have a child support order for her father, but he hasn't paid since June 2001. He has since left Jamaica and is residing in England. I am currently in the USA pursuing a four-year degree while my daughter is in Jamaica with her grandmother. Can I get child support for my daughter from her father in England? It has been nine years since he last paid anything. I have been able to get his address in England and I am told he is gainfully employed.

Yes, you can get child support for your daughter from her father while he is in England.

Since, it is so long since he paid anything on the existing order, you should go back to the court which made the order -- the Family Court. Your mother can do this for you since she is here and has care and control of your child while you pursue your studies abroad. She should go in with his current address and a copy of the existing order, if you still have it.

The fact that you are in America does not mean you cannot make an application here; there are Internet facilities to send documents to you for execution and courier services to return them. If you execute your affidavit before a Notary Public, you will also have to get the County Court Clerk of your area to certify the appointment of that Notary and attach it to the affidavit's signature page. If this is not obtained, your affidavit will not be admissible in any court here. The easier way to swear to an affidavit in a foreign country is to do so before a Jamaican Consul, as you do not need any certification of their appointment.

You should yourself also get a custody order for your child -- if you do not already have one. This is why I would want you to be part of the application. Otherwise, your mother could see to the maintenance issue as she has the child in her care. You and your mother can apply for:

(1) custody to you;

(2) care and control to the grandmother until your return to Jamaica; and

(3) maintenance contribution from the father to be paid to the grandmother for the duration of her care and control for the support of your child.

Both of you must therefore file your respective affidavit's in support of the application. Yours should depone to the circumstances relating to the order made and how it fell in abeyance. Include also the father's current address and his occupation. Also, explain why your child is with her grandmother, noting that you have solely exercised legal custody and provided care and control of your child all her life, with no contact from the father for nine years. In addition, note that it is in the best interest of your child for you to continue to have sole custody, which ought to be granted to you, with care and control to the grandmother until you return.

The grandmother's affidavit should state that her granddaughter has been living with her from whatever date you left her with her and that nothing has been heard from the father for over nine years. She should also list the child's needs, item by item, with their dollar cost and request that her father pay one-half educational, medical, optical and dental expenses so that specific sums can be inserted in the order for them. This will make it easier for collection from him rather than you or the grandmother having to submit bills and collecting thereafter his one-half. Of course, his contribution to your daughter's general maintenance will be stated in an exact sum for periodic payments based on the total of the itemised list I mentioned.

When an order is made here in Jamaica against someone in England or another Commonwealth country, that order can be "resealed" in England or other Commonwealth country and it can thereafter be executed as if it had originally been made in England or any other Commonwealth country.

Good luck.

Margarette Macaulay is an attorney-at-law and women's rights advocate. Send questions and comments via e-mail to allwoman@jamaicaobserver.com.

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Can child support be provided by a parent from the UK?