Maintenance Claim Q&A
Who may apply for maintenance?
Any married woman whose husband neglects or refuses to provide her reasonable maintenance may apply.
Any legitimate or illegitimate child who cannot maintain himself may also apply, through the guardian or person having actual custody.
How do I apply for maintenance?
To apply for maintenance, you have to swear or affirm a complaint before a District Judge/Magistrate that you have not been provided any maintenance or that the amount of maintenance provided is not enough for you and/or your child’s needs. You will have to go personally to the Family Court.
Must I bring any documents with me?
Yes, you must bring photocopies of the following:
- Marriage Certificate
- Birth Certificate(s) of the child or children seeking maintenance
- Order of Court made previously which is relevant to the application.
What happens in the family registry?
- How much maintenance you need; and
- For whom it is needed
The District Judge/Magistrate will then ask the Respondent whether he agrees to your demand.
If the Respondent agrees to pay and both of you agree upon the amount of maintenance to be paid, the District Judge/Magistrate will make an Order for the respondent to pay the agree amount.
If both of you cannot agree, the District Judge/Magistrate will fix a further date when he will hear the evidence of the parties (witnesses, income statements, bills etc). He will then decide whether maintenance should be ordered and the amount of maintenance required.
What factors does the Court consider in making a Maintenance Order to a wife or child?
The Court will consider all the circumstances of the case including:
- The financial needs of the wife and/or the child
- The income earning capacity (if any), property and other financial resources of the wife and/or the child; and
- The standard of living enjoyed by the person applying for maintenance before the husband or father neglected or refused to provide reasonable maintenance.
A Maintenance Order must be obeyed unless and until it is rescinded (or cancelled), suspended or varied (or changed).
What can the Court do if the respondent fails to comply with the terms of a Maintenance Order?
The complainant can apply to enforce the Maintenance order by lodging a complaint before a District Judge/Magistrate in the Family Registry. You must bring a copy of the Maintenance Order.
What can the Court do if the respondent fails to comply with a Maintenance Order?
The Court may:
- Issue a warrant to seize and sell any property belonging to the respondent: or
- Sentence the respondent to a maximum of 1 month imprisonment for each month of maintenance unpaid.
- Where the respondent is an employee, the Court may also make an Attachment of Earnings Order. This is an order for the respondent’s employers to pay the amount of maintenance to court from the respondent’s salary every month. The Court will then credit your account respondent’s employers.
Who may apply to rescind or vary the terms of a Maintenance Order?
Any person who is ordered to receive or pay under a Maintenance Order may apply for the Order to be rescinded or varied.
When will the Court rescind or vary a Maintenance Order?
The Court will only rescind or vary a Maintenance Order if there has been a material change in the circumstances of the applicant or other parties to the Order.