CAP. 141
Children
[Rev. 2012]
Maintenance of Children
90. Joint maintenance of children
Unless the court otherwise directs, and subject to any financial contribution
ordered to be made by any other person, the following presumptions shall apply
with regard to the maintenance of a child—
(a) Where the parents of a child were married to each other at the time
of the birth of the child and are both living, the duty to maintain a child
shall be their joint responsibility;
(b) where two or more guardians of the child have been appointed,
the duty to maintain the child shall be the joint responsibility of all
guardians, whether acting in conjunction with the parents of the child
or not;
(c) where two or more custodians have been appointed in respect of a
child it shall be the joint responsibility of all custodians to maintain the
child;
(d) where a residence order is made in favour of more than one person,
it shall be the duty of those persons to jointly maintain the child;
(e) where the mother and father of a child were not married to each other
at the time of birth of the child and have not subsequently married,
but the father of the child has acquired parental responsibility for the
child, it shall be the joint responsibility of the mother and father of the
child to maintain that child.
91. Power to make maintenance order
Any parent, guardian or custodian, of the child, may apply to the court to
determine any matter relating to the maintenance of the child and to make an
order that a specified person make such periodical or lump sum payment for the
maintenance of a child, in this Act referred to as a “maintenance order,” as the
court may see fit:
Provided that—
(a) on the making, varying, or discharging of a residence, guardianship
or custody order, the court may make a maintenance order for a child
even though no application has been made by any person;
(b) a person who has attained the age of eighteen years may, with the
leave of the court, apply to the court for a maintenance order to be
made in his favour in the following circumstances—
(i) The person is or will be involved in education and training which
will extend beyond the person’s eighteenth birthday; or
(ii) the person is disabled and requires specialised care which will
extend beyond the person’s eighteenth birthday; or
(iii) the person is suffering from an illness or ailment and will require
medical care which will extend beyond the person’s eighteenth
birthday; or
(iv) other special circumstances exist which would warrant the
making of the order.
[Issue 1]
C15 - 42
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