Paternity, child maintenance & Court orders Part 1

                Paternity, child maintenance & Court Orders
                                                         Part 1            

We have seen recently in online news reports that approximately four of every five Jamaicans now have their father’s name recorded on their birth certificate. This is certainly great news, and will make the lives of all those involved easier especially for administrative affairs. As usual, the comment section is where members of the public air their concerns, and hold nothing back. Unsurprisingly, the number one concern was the issue of paternity. Coming in at second place was the issue of maintenance for the child. For some persons adding the father’s name provided hope for obtaining monetary contribution but for others doing so was not reassuring. One person even asked how to go about removing the name of the delinquent father. Why? Well, they sought monetary contribution but the father still did not pay.

Generally, a man’s name is not added to a birth certificate unless he accepts the child as being his. If a man has doubts, he is entitled to verify the biological relationship before his name is added. Once a man’s name appears on the birth certificate, he publicly confirms his duty to contribute to the child’s well-being. As one commenter stated, sometimes a man may find it challenging to express his doubts regarding paternity to the mother.  However, remaining silent and simply ignoring the child benefits no one.

On the issue of making monetary payments towards a child’s well-being, men often say they feel targeted and accuse the system of being in favour of women. However, the law is unbiased and clearly states that every parent has an obligation to the extent that the parent is capable of doing so, to maintain an unmarried child who is a minor, or physically, or mentally unwell or disabled.

Who is considered a parent?

The status of being a parent is not limited to a connection by DNA. The law identifies several circumstances under which you may be considered a parent. Some of these circumstances include if:

• you adopt a child,
• you were married, or cohabited with another person whose child you accepted as part of the family, or
• you took on the role of a parent, for example by showing an intention to treat the child as part of your family without receiving payment to do so.

Grandparents often volunteer to assist but, are they legally obligated to do so? Under the law, every grandparent is obligated, to the extent that he/she is capable of doing so, to maintain his/her unmarried grandchild who is a minor, or physically, or mentally unwell or disabled.

Prenatal care and birth

Once the paternity of the child has been proven, or the child has been accepted as a child of the family, the Court may make an order for the payment of expenses regarding prenatal care and birth. 

Court ordered maintenance

If you qualify as a parent, or you have the care and custody of a minor, or physically, or mentally unwell or disabled child you are entitled to apply to the Court for a maintenance order.

Returning to the complaints of men, there is the concern that men are only seen as a ‘cash bag’ and are denied access to their child if they do not supply the large sums of money demanded by mothers.  This is one reason a court order regarding maintenance is useful since it removes the uncertainty about how much money is to be contributed by each parent.  The Court shares the responsibility for maintaining a child based on the capacity of each parent to provide for the child.

Factors considered by the Court

The law allows the support of a child to be divided according to the capacity of the parents. In deciding the amount of monetary contribution and how long that payment should be made, the court considers the entire circumstances. This means the court will consider factors such as:

•  the fact that each parent has an obligation to provide support for the child,
• the assets and means that the parents are likely to have in the future,
• the child’s need for a stable environment,
• the parents’ legal obligation to care for another person.

How long do monetary maintenance orders last?

Generally, a maintenance order remains in effect until the age of 18. The law being focused on the welfare of the child, allows a maintenance order to be extended until the age of 23. This extension is usually granted where the child is enrolled in an education, or training course after the child’s 18^th birthday.

Where parents are unable to agree to a sum that is reasonable to properly support the child, disclosing details of their finances is usually required.

Our laws regarding child maintenance are detailed and settling the issue of maintenance of a child is not taken lightly. As a child grows and circumstances change what is reasonable may also change. Our next article will give an overview of what can be done when circumstances change.