Maintenance Act amendments give children power to apply for college maintenance against parents
KINGSTON, Jamaica – Recent amendments to Jamaica’s Maintenance Act now allow any child, parent or any other person who has the care and custody of a child, to apply for a maintenance order to bind parents to finance their children’s higher education.
The Senate on Friday, approved the amendments which allow for a maintenance order to be granted beyond 18, up to 23, specifically for the purpose of engaging in a course of education or training, whether or not an order of maintenance had been issued prior.
The amendment also seeks to allow for the application for a maintenance order to be made by the child, who has attained the age of 18 years.
Piloting the Bill, Minister of Education, Skills, Youth and Information, Dana Morris Dixon, said the Act signals the Government’s commitment to the protection of families, the welfare of children and the equitable sharing of responsibilities within communities.
Morris-Dixon in highlighting that the Maintenance Act, 2005, which among other things, places an obligation on spouses to maintain each other and places an obligation on parents to maintain their children; explained why the amendment was necessary.
“The Act allows for maintenance to continue beyond 18, if the child is enrolled in a course of education or training, but only if such an Order was made prior to the child turning 18.” she explained.
“This limitation has created inequities and undue hardship for children and custodial parents. There have been cases where children, despite continuing education, are unable to receive maintenance, because no prior order was in place before their 18th birthday.”
Morris-Dixon said the Bill “reflects the evolving needs of Jamaican families”
The minister noted that the amendments to the Maintenance Act will result in the consequential amendment to the Children (Guardianship and Custody) Act to achieve consistency. Currently, the period in which the court may grant or extend a maintenance order pursuant to the Children (Guardianship and Custody) Act is not beyond the date on which the child attains the age of 21 years. The government will push this to 23.
