Parents must legally maintain children until age 23 in specific circumstances

Jamaican parents who cannot wait for their children to turn 18 years old so they are no longer legally responsible for their maintenance will now be bound by law to maintain said children for another five years in specific circumstances.

This development comes as the House of Representatives, on Tuesday, approved an amendment to the Maintenance Act of 2005, mandating parents to maintain their children until the age of 23 in circumstances where these children are pursuing a course of education or training.

The amendment bill was piloted by Justice Minister Delroy Chuck, who 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.

“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 stated further.

He then went on to note that it was in these circumstances alone that the court felt 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 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 a 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.

As such, “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 lamented that 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.”

Chuck told the House that there have been numerous cases where the lower courts grant the orders, but they are overturned by the higher court. The amendment seeks to address this.

The bill will now go to the Senate for approval before it becomes the law of the land.