House Approves Amendment to Maintenance Act

The House of Representatives recently approved amendment to the Maintenance Act.

The legislation will provide for a maintenance order to be granted by the Court after a child attains the age of 18 years for the purpose of engaging in a course of education or training, whether or not an order of maintenance had been issued prior.

Such order, however, would not extend for any period beyond the child attaining the age of 23 years.

The amendment also seeks to allow for the application for a maintenance order to be made by the child himself, who has attained the age of 18 years, the child’s parent or any other person who has the care and custody of the child.

Piloting the Bill, Minister of Justice, Hon. Delroy Chuck, explained that the Maintenance Act, 2005, amongst other things, places an obligation on spouses to maintain each other and places an obligation on parents to maintain their children.

“As it specifically pertains to the maintenance of children, section 16(1)(a) of the principal Act states that an order of maintenance shall remain in force until the child reaches the age of 18 years,” Mr. Chuck said.

The Minister noted that prior to the child reaching the age of 18 years, Section 16(3) of the principal Act allows for an application to be made to the Court for the grant of a maintenance order or for the extension of an existing maintenance order in the circumstances where the child is, or will be, engaged in a course of education or training.

Mr. Chuck said it is in these circumstances alone that the Court is empowered to grant or extend an order of maintenance, which will come to an end once the child attains the age of 23 years.

“One could surmise that it was the intention of the legislature to ensure that children can continue to receive maintenance even after they have attained the age of majority if there is the condition of continuing education. However, despite the intention of the legislature, the principal Act restricts the Court from granting a maintenance order in respect of a child who is beyond the age of 18 years,” the Minister noted.

“In other words, if an application for a maintenance order is not made to the Court prior to the child attaining the age of 18 years, then a subsequent application cannot be successfully made in respect of that child who is, or will be, engaged in a course of education or training,” he added.

Mr. Chuck explained that the effect of this is that the principal Act allows parents, who are required to pay maintenance, to discontinue paying maintenance for his or her child as soon as the child attains the age of majority.

This, he said, is allowed whether or not the child is still in school, and in such circumstances, there is no recourse available to that child or the parent who wishes to make an application for a maintenance order in respect of that child.

“It should also be noted that the amendment to the Maintenance Act results in the consequential amendment to the Children (Guardianship and Custody) Act, in order to achieve consistency throughout the legislation,” Mr. Chuck said.

He informed that currently, the period in which the Court may grant or extend a maintenance order pursuant to the Children (Guardianship and Custody) Act is a period not beyond the date on which the child attains the age of 21 years.

“As such, the Government seeks to consequentially amend this period, which is the period not beyond the date on which the child attains the age of 23 years,” Mr. Chuck said.