Not only Daddy's bill

Law requires mothers to play their part in financing children's expenses

Mel Cooke, Gleaner Writer

There is a general perception, shaped by most Jamaicans' traditional view of a patriarchal family structure, that a man must provide financial support for his child.

By law, the man is required to do so - but the child's mother also shoulders that responsibility.

The Maintenance Act of 2005, which replaced the Affiliation Act, makes it clear that every parent is obligated to maintain his or her unmarried child under 18 years of age, or who needs maintenance because of physical or mental infirmity or disability.

Lance Rose, acting clerk of court at the Family Court in Kingston, notes that previously it was the father who had to finance the child and the court would decide how much he should pay, based on his earnings.

"Prior to 2005, the client would come and say that she wants a certain amount. The judge would ask, 'Sir, can you afford that?' and, most times, he would say no. She would then say she feels he can pay, so most times the court would order a means report," Rose said.

According to Rose, child maintenance is determined separate from educational and medical expenses.

With the majority of court action for child maintenance still being brought by women, despite the change in the law, as Rose also pointed, "the man must have a say. If he can't afford it, he can't afford it".

However, Rose was quick to point out that the court will consider the best interest of the child and not the best interest of the parent.

He noted further: "There is a difference between needs and wants." So, if a mother makes a demand deemed to be a want and not a need, the court could refuse this. "If the father can't afford it and she wants to push it, she will have to foot it," Rose added.

When a parent tells the court that he cannot afford what is being asked, an interim order is made until an investigation is done. If there is no settlement between the parents, there is a trial and the court determines what is to happen. At any time, Rose said, an application can be made for the order, varied, suspended or revoked.

Unemployment is not a factor, as: "once the person is able-bodied and physically able to work, that is not taken into consideration". However, the court does give the unemployed person time to find a job, so an order may be made but not take effect for a period.

Rose emphasised that someone employed as a mechanic or gardener would not be expected to pay what a bank manager would.

The Maintenance Act is available online at www.moj.gov.jm.