Jamaican parents and guardians will soon be required by law to maintain their children until they are 23-years-old, under certain circumstances.
This has become imminent, as the House of Representatives on Tuesday approved amendments to the Maintenance Act of 2005, making it a requirement for parents to provide financial support for their children who are pursuing higher education or engaged in training, until age 23.
Justice Minister Delroy Chuck, who piloted the amendment bill, noted that the 2005 Act, amongst other things, “places an obligation on spouses to maintain each other, and places an obligation on parents to maintain their children”.
“As it 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,” Chuck outlined.
He pointed out 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.
Chuck highlighted that it was 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.
The justice minister said it could be surmised 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 (18 years), 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,” Chuck pointed out.
He emphasised that “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”.
Chuck said the result 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 is allowed regardless of whether the child is still in school and in such circumstances, there’s no recourse available to the child or the parent who wishes to make an application for a maintenance order in respect of the child”.
The justice minister said there have been numerous cases where the lower courts grant the orders but they are overturned by the higher court. The bill is headed to the senate for debate and approval before going to the Governor General for his assent.
