The law in Anguilla seeks to protect children by ensuring that their financial needs are properly taken care of and that they are otherwise properly maintained. It is well known that there are many “deadbeat dads” in our community who believe that their only contribution to their children’s welfare is to bring them into the world. After that, they consider it the mother’s role to be mother, father and breadwinner, while they move on to the next hapless victim. The law seeks to bring them to their senses by hitting them where it hurts most: in their pockets.

Every week the Magistrate’s Court is filled with fathers who have been brought before the court to compel them to pay maintenance for their children. However, it should be made clear a father who is taking care of the children can also ask the court for a maintenance order against the mother. The court will look at the circumstances and the financial means of each party in deciding whether an order should be made.

An application may be made by both married and unmarried mothers. “Child” means a child under 18 years of age and includes both legitimate and illegitimate children. It can also include a “child of the marriage”, which is any child living with the family where there is an obligation to maintain that child.

The amount of maintenance awarded must be a reasonable sum which is sufficient to meet the maintenance needs of the child. Where the father fails to pay the ordered sum, or falls into arrears, he can be summoned before the court and may be committed to prison if he fails or refuses to comply with the maintenance order.

The Court also has the power to order that a father’s salary be directly applied towards his maintenance payments. He can be summoned before the court to give a statement of his earnings and to identify his employer. The court can order these or any other maintenance payments be paid to a third party such as an employee of what is commonly called the Welfare Department. The Department then passes on the payments to the mother to be applied towards the benefit of the children.

Where it appears that a parent is about to leave Anguilla without making adequate provision for the maintenance or welfare of his children, the court can make an order prohibiting him from leaving until he makes satisfactory arrangements. If the parent attempts to leave Anguilla while he is subject to such an order, he can be arrested. Once the parent lives up to his obligations, he can apply to the court to have the order rescinded.

Alex Richardson is Managing Partner of the law firm Alex Richardson & Associates, P O Box 371, The Babrow Building, The Valley, Anguilla, Tel: 264 498 4224, Fax: 264 498 4220, email: arichardson@anguillanet.com. He is also Managing Director of Paragon Corporate Services Ltd.

| Printer-friendly page | Send this article to a friend |

World News