Rights and obligations under the Maintenance Act

THE Senate on November 30 approved amendments to the Maintenance Act to provide for a maintenance order to be granted by the court after a child reaches age 18, once they’re engaging in a course of education or training, and whether or not an order of maintenance had been issued prior.

This change is a critical one for the Act, brought in force to protect the vulnerable.

Here are some other rights and obligations under the Act, regarding child and spousal support.

Obligations of parents and grandparents

Every parent has an obligation, to the extent that they’re capable, to maintain their unmarried child who is a minor, or who is in need of such maintenance by reason of physical or mental infirmity or disability.

Similarly, in the event of the parents’ lack, every grandparent has an obligation, to the extent that they’re capable, to maintain their unmarried grandchild… in the event of the failure of the parents to do so, owing to physical or mental infirmity or disability.

How much will you pay?

A maintenance order for the support of a child is not fixed. It:

(a) shall apportion the obligation according to the capacities of the parents to provide support; and

(b) may make an award for the payment of a sum of money for expenses in respect of the child’s pre-natal care and birth.

Adult children’s responsibilities to parents

An adult child has an obligation, to the extent that they’re able, to maintain their parents and grandparents who are in need of such maintenance by reason of age, physical or mental infirmity, or disability.

In considering the circumstances, the court shall have regard to whether, by reason of age or infirmity, that dependent is unable to provide for himself or herself.

Spousal applications

A spouse may apply to the Family Court or the Resident Magistrate’s court in the parish they reside, for a maintenance order. Apart from in marriage, a spouse is defined as a single woman or man, who, for a period of not less than five years, has cohabited with their single partner as if they were in law wife/husband. Each spouse has an obligation, as far as they are able, to maintain the other and meet their reasonable needs where the other spouse cannot practicably meet these.

A maintenance order for the support of a spouse shall contain provisions that will ensure that the economic burden of child support is shared equitably.

How much will be paid to the spouse?

In determining the amount and duration of support to be given, the court will examine, among other things, the length of time of the marriage or cohabitation; the spouse’s contribution to the relationship and the economic consequences of the relationship for the spouse; the effect of the responsibilities assumed during the marriage or cohabitation on the spouse’s earning capacity; and the spouse’s needs, having regard to the accustomed standard of living during the marriage or cohabitation. One spouse shall not be liable to maintain the other if the other person marries someone else, or is cohabiting with someone else.

Duration of support

In determining the amount and duration of support, the court shall consider all the circumstances of the parties including, among others:

(a) the respondent’s and the dependant’s assets and means;

(b) the assets and means that the dependant and the respondent are likely to have in the future;

(c) the dependant’s capacity to contribute to the dependant’s own support;

(d) the capacity of the respondent to provide support;

(e) the mental and physical health and age of the dependant and the respondent and the capacity of each of them for appropriate gainful employment;

(f) the measures available for the dependant to become able to provide for their own support, and the length of time and cost involved to enable them to take those measures.