Paternity, Child Maintenance & Court orders
Part 2
In our last article, we gave an overview of what may be done when there is doubt regarding paternity, and how that doubt may be resolved. We also highlighted some of the bases on which a person may be considered a parent outside of a connection to a child by DNA. A few of the factors a court considers when making a monetary maintenance order, and the possibility of obtaining payments regarding prenatal care were also identified. This week we will continue the overview regarding court ordered maintenance.
Terms of maintenance court orders
Court orders regarding maintenance are not limited to how much money must be paid from the date of the order, and when.
The court order may also:
- require payment for a period prior to the court order being made.
This is often done to reimburse a parent who may have been the sole provider.
- state that payments for the day-to-day maintenance of the child should not be pro-rated.
This order serves to address the issue raised by many parents of the amount to be paid for the day-to-day maintenance being prorated by the non-residential parent. Unfortunately, non-residential parents sometimes decide that when the child is visiting their home, they will deduct an amount they consider to be for that period. For the avoidance of doubt, the court may include an order preventing that.
- state what portions of educational, and medical expenses should be covered by each parent/person responsible for the child.
Another issue raised by non-residential parents concerns the cost of attending private schools versus public schools. Parents often disagree on whether a child should be sent to a private school. Which is followed by the other complaint by non-residential parents, that the residential parent without consultation, has enrolled a child in a private school without their consent. This highlights the misconception that a residential parent can decide which school to enroll a child in, without asking the non-residential parent. Where parties cannot agree, the proper approach is to seek the assistance of the court. The fact that a non-residential parent is wealthy, or can afford the fees will not be the only consideration.
- indicate to whom, or where the money should be paid.
Some relationships between parents have broken down so badly, that in the interest of peace, and the welfare of the child, it may be better to have the money paid to a Collecting Officer appointed by the Court. The Collecting Officer will then make fortnightly payments directly to the person entitled to collect the money unless other arrangements are in place. The parents may also agree for payment to be made into a bank account, or otherwise.
Maintaining a disabled child
In our previous article we highlighted that maintenance orders are usually limited to a minor child, and may be extended to age 23. This extension is usually granted where the child is enrolled in an education, or training course after the child’s 18th birthday. Theses age limits generally do not apply to an unmarried child who is in need of maintenance due to reason of physical or mental infirmity or disability.
The Court being concerned with the welfare of the child, will consider all the circumstances surrounding the physical, mental and emotional development of the child when making a court order. It means then, that no parent, or person who is responsible for a child should hesitate to approach the Court for assistance when a child’s well-being is at risk.
In our next article, we will continue to explore other concerns expressed by parents.
Disclaimer by the author: Nothing in this article is to be taken as legal advice. You should consult an attorney regarding your specific case. All liability with respect to actions taken or not taken based on the contents of this article are hereby expressly disclaimed.