Applying for Child and Spouse Maintenance
The law places a duty upon a man to maintain his wife and upon both parents to maintain
certain children. Below is an explanation of how you can make an application to
the Summary Court to compel a man to fulfill his duty under the law.
When can I make an application?
If you are unmarried, and the father of
your child is not paying maintenance, you can apply under the Affiliation Law for
an order that he should pay you maintenance for the child. You should apply either
within 12 months of the birth of the child or when the father stops paying you maintenance.
If you are married, and your husband is
not supporting you and/or your children, you can apply for an order under the Maintenance
Law that he should pay maintenance for you and your children. You can also apply
for maintenance for children living with you at the time of your marriage. If you
are divorced, or a divorce application is pending, you must apply in the divorce
proceedings in the Grand Court.
How can I apply?
You should ring the Court Office (244-3826 or 9494296) and ask to speak to the Affiliation and Maintenance Officer. Tell
the officer that you would like to discuss an affiliation or maintenance order.
When you attend the interview you should bring with you your original marriage certificate
(if appropriate) and birth certificate for any child for whom you are claiming maintenance.
You should also bring details of the work and home addresses and the telephone numbers
of your husband or father of the child.
What happens next?
You will be asked questions and will be required to swear an affidavit setting out
the details of your claim. A summons will then be issued and served on the person
you claim should be paying you maintenance. This summons will contain a hearing
date when you and he should come to court.
At the court hearing the Magistrate may wish to hear evidence from you to prove
your claim. You should come to the hearing with any documentary evidence you have,
including details of your income and expenses and, if known, the person you claim
should be paying you maintenance.
What order will be made?
If you are unmarried, the magistrate will have to decide if the man is the father
of the child. Sometimes it may be necessary to order a blood test, and you may be
asked to contribute towards the cost of the test. If the magistrate decides the
man is the father of the child, an affiliation order
to support the child may be made. That order is to cover the maintenance and education
of the child. If you are married the magistrate may make
an order for maintenance for you and any child. When making these orders
the magistrate will take into account the ability of the individuals to pay maintenance.
How will I get paid?
When an order is made you may choose to receive payment in one of the following
ways:
For the money to be paid to you personally. However you should keep records of payments
and give receipts. This will avoid disputes about the amount paid.
For the money to be paid into a bank or other account.
For the money to be paid to the Court Funds Office, located in the Judicial Financial
Centre, ground floor Kirk House, Albert Panton Street, George Town. The Court Funds
office will send a cheque to you by mail or pay the money into a bank account of
your choice. You can also collect the cheque if you wish, but you should first telephone
to ensure that a cheque is available.
What if I do not get paid?
If you are not paid in accordance with the order, you should tell the affiliation
and maintenance officer. Do not let the arrears accumulate. You can apply for an
Attachment of Earnings Order (AEO) if you know that the person liable to make the
payments is employed. If such an order is made the Court directs that maintenance
money be deducted from the wages of an employee. The order is sent to the Employer.
How long does the order last?
An order the maintenance ceases when that child becomes 14 years of age, and an
affiliation order ceases when the child becomes 15 years of age. However, you may
apply to the court to extend the order. You should discuss this with the affiliation
and maintenance officer. If the Order is made in divorce proceedings in the Grand
Court, the Order expires when the child turns 16 or, if in full time education,
23 years of age.
Can I get Legal Aid?
No, Legal Aid in Civil actions is only granted in the Grand Court. However, you
may be eligible for legal aid if you decide to start divorce proceedings, or if
the arrears have to be enforced in the Grand Court.
How much will this cost?
Assistance for the bringing of an application for an affiliation order or for a
maintenance order in the Summary Court is given without charge. Assistance may also
be available to enforce compliance with a maintenance order made by the Grand Court.
Can an overseas order be enforced in the Cayman Islands?
It is possible to apply to the Grand Court for the enforcement within the Cayman
Islands against a parent resident here, of orders made by certain foreign Courts.
It will, however, be necessary to get the assistance of a lawyer to do so.
Orders
made by the Cayman Courts are also enforceable under the laws of several foreign
countries against parents residing in those countries.
Sources
- The Affiliation
Law (1995 Revision)
- The Maintenance Law (1995 Revision)
- The Matrimonial Causes Law
- The Maintenance Orders (Enforcement) Law
- The Maintenance Orders Enforcement (Belize) Order 1997
- The Maintenance Law (Extension) Order, 1998
- Rules of Court No. 5; Summary Jurisdiction (Maintenance Law) Rules