Senate approves maintenance order for persons over 18 years old for purpose of education

The Senate, on Friday, approved amendments to the Maintenance Act to provide for a maintenance order to be granted by the court after a child attains the age of 18 years.

This is for the purpose of engaging in a course of education or training, whether or not an order of maintenance had been issued prior.

Such order, however, would not extend for any period beyond the child attaining the age of 23 years.

The amendment also seeks to allow for the application for a maintenance order to be made by the child, who has attained the age of 18 years, the child's parent or any other person who has the care and custody of the child.

Piloting the Bill, Minister of Education, Skills, Youth and Information, Senator Dr Dana Morris Dixon, said the Act signals the Government's commitment to the protection of families, the welfare of children and the equitable sharing of responsibilities within communities.

She informed that the Maintenance Act, 2005, among other things, places an obligation on spouses to maintain each other and places an obligation on parents to maintain their children.

She noted that currently, 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.

“However, the Act allows for maintenance to continue beyond 18, if the child is enrolled in a course of education or training, but only if such an Order was made prior to the child turning 18. This means that if a child wants to further his or her education or training, or is in the process of pursuing same, once that child attains the age of 18 years and there was no application for an extension prior to turning 18, the maintenance order expires,” she explained.

“This limitation has created inequities and undue hardship for children and custodial parents. There have been cases where children, despite continuing education, are unable to receive maintenance, because no prior order was in place before their 18th birthday. This matter has come before the courts and the courts have generally applied the law in the strictest sense,” she pointed out further.

As such, the amendment to the Act seeks to correct the inequity by empowering the courts to grant or extend maintenance orders for children engaged in education or training up to the age of 23, irrespective of whether an order existed before they turned 18.

“So, this Bill reflects the evolving needs of Jamaican families, and we obviously are very much committed to education and training. We understand that these are vital pathways for securing brighter futures for youth, and financial support during this critical period is indispensable,” Morris Dixon said.

The minister noted that the amendments to the Maintenance Act will result in the consequential amendment to the Children (Guardianship and Custody) Act to achieve consistency.

Currently, the period in which the court may grant or extend a maintenance order pursuant to the Children (Guardianship and Custody) Act is not beyond the date on which the child attains the age of 21 years.

“Therefore, the Government seeks to consequentially amend this period, which is a period not beyond the date on which the child attains the age of 23 years,” she emphasised.

- JIS News

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