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The facts about Child Maintenance

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Xplode
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The facts about Child Maintenance

Postby Xplode » July 6th, 2013, 7:18 pm

To many times when I execute a warrant to these parents both male and female ,yes woman are brought up,they ask certain questions , here are the most frequent

Child Maintenance

Q. What is Child Maintenance?
A. Maintenance is the payment of a lump sum or periodical payments of money for the minor child/children of the family. Maintenance payments include the cost of day-to-day living and general upkeep of the minor child/children. and can also include educational cost. It is usually paid by the parent who is without the main day-to-day care of the child (the non-resident parent), also called the payer, to the parent with the main day-to-day care (the parent with care) - called the payee. Parents may decide to have an arrangement for the payment of child maintenance between them (a private agreement) or may require external assistance from the court for a maintenance order.
Whichever option you choose, the fastest method for payment of child maintenance is direct to the parent with care. This can be done in cash or other facilities such as bank accounts. If you choose to arrange maintenance through the court, payments are received from the non-resident parent at the Family Court and disbursed to the parent with custody of the child.
In some cases, the person receiving child maintenance can be a grandparent or guardian.

Q. Who can apply for maintenance?
A. Any parent or guardian either male or female who must be a resident of Trinidad and Tobago, who has care and control of the child/children, and needing financial assistance for child/children, can apply for a Maintenance Order. If a guardian is applying he/she will have to prove the said child is in his/her care and control or custody.

Q. Who is responsible for maintenance of the child or children?
A. All parents have a duty to maintain their child / children regardless of their marital / union status. The parents / guardian who have / has the custody, care and control of the child /children is/are entitled to apply for a Maintenance Order.

Q. Who is the child or children entitled to Maintenance?
A. The following are entitled to maintenance:-
Biological children
Step children
Adoptive children
Children who has been treated as children of the family.

Q. Where to apply for Maintenance?
A. An applicant wishing to make an application for child maintenance can do so at the Family Court of Trinidad and Tobago. The applicant himself/ herself can walk in and make the application in the Magisterial jurisdiction. To qualify to file an application in the Magisterial jurisdiction, the applicants must reside in the St. George West District which starts from Chaguaramas and ends at Mt. Lambert. Should they reside outside of this jurisdiction, applications can be made at the Magistrates’ Court in their district.

Q. If the parties agree on Maintenance, do they still need to go to Court?
A. No. If an agreement is reached, the money can be paid without the necessity for a Court Order (person-to-person without the interference of the Court). However, you may wish to have the agreement legally binding. An application must be made at the Court, or parties can choose Mediation where they would be asked to sign a Memorandum of Understanding in which they agree to abide by the agreement reached. In both instances the parties involved would be required to attend a Court hearing in which their matters are recorded in the Court as a Consent Order and becomes enforceable in the Court.

Q. Can the maintenance order be varied?
A. Yes. Either party can apply to vary or discharge the Maintenance Order. This application is made to the Magistrate’s Court in whom the maintenance Order was made, and cause must be shown by fresh evidence to the satisfaction of the Court for the application to be granted.

Q. How long does a maintenance order remain in force?
A. Maintenance payments under an order must be made until the child is 18 years old. If the applicant wants the payment to continue after the child is over 18 years old, he/she must ask the court to make specific direction to this effect in the order. The applicant may also apply to the Court for a special order extending the Maintenance Order until the child turns 21 years old. e.g tertiary education.

Q. Why does it take so long to execute a warrant?
A. This part of the process is not the responsibility of the Court but rather the Warrant Officers attached to the police station nearest to the respondent’s address.

Q. Can an Applicant/Respondent recall a warrant?
A. No, you CANNOT recall a warrant. The only way a warrant is discharged is upon the discretion of the Magistrate when the warrant is executed and respondent appears before the Magistrate.

Q. What are the consequences for non-compliance with Magisterial Maintenance Orders?
A. If a respondent does not pay child maintenance as ordered by the court, the applicant may return to the court after one month has passed, where the respondent can be brought before the court in 2 ways:
Maintenance warrant of Apprehension “Warrant of Arrest” where an application is made by the applicant for a breach of the order and the respondent is questioned about the neglect to pay the child maintenance order, which can only be taken out after (4) weeks (one month)of consistent non-payment. The consequence depends on the sensitivity of the case, as well as the severity of the matter at hand.
After the Police officers execute the warrant on the respondent, he/she is then brought before a Magistrate, where a ruling is made. If arrested on a weekend, the respondent is placed in the holding bay at the police station until the proceeding working day. If there is no Magistrate available the Justice of the Peace can now place the respondent on a bond on a particular sum of money to attend Court on a particular date or at the earliest time/date possible (normally the following working day).
“Commitment Warrant”: the respondent is given time to pay the outstanding balance, if any, on the order called “Time Allowed” by the Magistrate, and that time has elapsed and the full sum of money/arrears has not been paid, the court can now enforce this type of warrant and the respondent has to either pay the full amount forthwith or is sent to prison without a hearing.

Q. Can I make an application for maintenance for child (ren) who are part of the family but are not biologically the respondent’s child (ren)?
A. Yes, according to the Family Law Act and the Marriage Act, once persons have been married, they both assume responsibility for the children of the marriage whether they are biologically the parents or not.

Q. How long after separation can a spouse apply for maintenance for the child/children?
A. There is no time limit in applying for maintenance.

Q. Can I apply for maintenance if I have remarried or is in another relationship?
A. No.

Q. Can an application be made if parties are not separated but Respondent withholds funds which applicant is dependant on?
A. Yes. According to Section 13 (3) and Section 24 of the Family Law Act.

Q. Can an Applicant/Respondent vary a Maintenance Application?
A. Yes, but six (6) months have to elapse after the order was given, or the respondent must have a valid claim such as loss of employment (notice/letter from former employer to prove such), physical injury (medical certificate), the other party has now neglected the children, so the other party now has to maintain the children.

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Re: The facts about Child Maintenance

Postby Rory Phoulorie » July 6th, 2013, 7:45 pm

What about spiritual children? Are they eligible for child maintenance?

Suppose my Orisha Faith Spiritual Father blanked me with the Atari 2600 that I had asked him for my birthday? Can I get my mother to take him to court for child maintenance? As far as I am concerned, he is a delinquent Spiritual Father.

Please advise.

Thanks.

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Re: The facts about Child Maintenance

Postby ismithx » July 6th, 2013, 8:17 pm

X_X :lol: :lol:

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Re: The facts about Child Maintenance

Postby Ted_v2 » July 6th, 2013, 8:21 pm

Good information, not like I'll need it :oops: :-?

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Re: The facts about Child Maintenance

Postby Xplode » July 6th, 2013, 8:27 pm

In certain cases the father makes up with the mother and forgets about the order ,giving her money out of court and it add's up, soon friend ship ends and the warrant is taken out, when you are before the court judge don't want to hear about you and mommy make up,guys pay up don't give out of court.

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Re: The facts about Child Maintenance

Postby *$kїđž!™ » July 6th, 2013, 8:44 pm

op...are u a opopo?

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Re: The facts about Child Maintenance

Postby Slaughta69 » July 6th, 2013, 8:53 pm

So who decides how much the people does pay

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Xplode
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Re: The facts about Child Maintenance

Postby Xplode » July 6th, 2013, 9:07 pm

Slaughta69 wrote:So who decides how much the people does pay


The judge will decide after the hearing,from both sides the mother or father will ask for a sum and the judge will come to a agreement ,the income,working or not ,having other children, in cases you the person being brought up can ask for a DNA test if you are not sure and both parents will have to pay 1/2 the fee , court pays the other half.

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Re: The facts about Child Maintenance

Postby Slaughta69 » July 6th, 2013, 9:32 pm

Kk... Cuz from what I hear people does say maintenance is small money

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Re: The facts about Child Maintenance

Postby black start » July 6th, 2013, 9:46 pm

throwing pr1ck pon meh child mother is enough maintenance if you ask me.....

servicing she injectors and changing oil....what more she wa?

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Re: The facts about Child Maintenance

Postby De Dragon » July 6th, 2013, 9:48 pm

When the child turns 18, how do you go about cancelling the payments?

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Re: The facts about Child Maintenance

Postby Slaughta69 » July 6th, 2013, 9:49 pm

black start wrote:throwing pr1ck pon meh child mother is enough maintenance if you ask me.....

servicing she injectors and changing oil....what more she wa?


Lol that is maintenance

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Re: The facts about Child Maintenance

Postby Xplode » July 6th, 2013, 9:54 pm

De Dragon wrote:When the child turns 18, how do you go about cancelling the payments?


The defendant goes and apply for a court date,but if the child has to further studies the 21 years can be apply and all of your payments must be made in order to be stopped .

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Re: The facts about Child Maintenance

Postby hydroep » July 6th, 2013, 10:04 pm

Xplode wrote:Q. Who is the child or children entitled to Maintenance?
A. The following are entitled to maintenance:-
Biological children
Step children
Adoptive children
Children who has been treated as children of the family.


The last one seems a bit arbitrary. Can you give an example of a child that would fall into that category?

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Re: The facts about Child Maintenance

Postby Xplode » July 6th, 2013, 10:11 pm

Cousins or nephews who depends and lives with other family members

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Re: The facts about Child Maintenance

Postby aliman » July 6th, 2013, 10:19 pm

how u go about if a dad isnt payin the maintence for two yrs, the order was made from the family court a lawyer was present for both parties an the money was to be paid tru an acc an nothin paid. several times a lawyer send letters to the respondent an nothin is done. do i have to go back to court or wat the procedures

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Re: The facts about Child Maintenance

Postby hydroep » July 6th, 2013, 10:29 pm

Xplode wrote:Cousins or nephews who depends and lives with other family members


O.k, I understand. Nice thread, good info.

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Re: The facts about Child Maintenance

Postby De Dragon » July 6th, 2013, 10:32 pm

Xplode wrote:
De Dragon wrote:When the child turns 18, how do you go about cancelling the payments?


The defendant goes and apply for a court date,but if the child has to further studies the 21 years can be apply and all of your payments must be made in order to be stopped .

So you don't just stop paying, if you have in fact made all the payments?

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Re: The facts about Child Maintenance

Postby skibz » July 6th, 2013, 11:50 pm

Xplode wrote:Q. Can I apply for maintenance if I have remarried or is in another relationship?
A. No.


Could you please clarify this a bit more with regards to :

1. The biological father not being liable for maintenance if the mother remarries / is in another relationship.

2. What is defined as "another relationship" anyway eg boyfriend / hornerman / cable guy...? And who judges this?

3. If the biological father was already paying maintenance and then during the course of that, the mother remarried / is in another relationship. Does the biological father/payer have to continue with payments or is the child's maintenance now for lack of a better phrase.... Another man's responsibility.

Also thanks for the information.

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Re: The facts about Child Maintenance

Postby pioneer » July 7th, 2013, 12:04 am

LOL@ most urban youths having to be "maintained" because their mother was a sloth

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Re: The facts about Child Maintenance

Postby Xplode » July 7th, 2013, 12:13 am

aliman wrote:how u go about if a dad isnt payin the maintence for two yrs, the order was made from the family court a lawyer was present for both parties an the money was to be paid tru an acc an nothin paid. several times a lawyer send letters to the respondent and nothing is done. do i have to go back to court or wat the procedures


Did the judge order him to pay,did he sign and swore oath to deposit the money,then you the person can take out a warrant ,you just made it accumulated over the months , or just he saw the judge with lawyer present and he said he will put the money in the account and nothing was deposited ,go see a justice of the peace ,make a court date and bring him up ,you will not get the two years back unless the judge ordered him too,school books and maintenance is two different cases,every July/August parents are ordered to pay 1/2 of what the book list is usually $1500 .

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Re: The facts about Child Maintenance

Postby Xplode » July 7th, 2013, 12:38 am

skibz wrote:
Xplode wrote:Q. Can I apply for maintenance if I have remarried or is in another relationship?
A. No.


Could you please clarify this a bit more with regards to :

1. The biological father not being liable for maintenance if the mother remarries / is in another relationship.

2. What is defined as "another relationship" anyway eg boyfriend / hornerman / cable guy...? And who judges this?

3. If the biological father was already paying maintenance and then during the course of that, the mother remarried / is in another relationship. Does the biological father/payer have to continue with payments or is the child's maintenance now for lack of a better phrase.... Another man's responsibility.

Also thanks for the information.


Can't have father and step seeing about the same child , that's were the liability of the step father to take over,it's the law can't be greedy ,your married now ,the judge will see that way.


I my self has step children and I provide anything what they need not only my daughter,you get your blessings trust me.

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Re: The facts about Child Maintenance

Postby De Dragon » July 7th, 2013, 12:40 am

De Dragon wrote:
Xplode wrote:
De Dragon wrote:When the child turns 18, how do you go about cancelling the payments?


The defendant goes and apply for a court date,but if the child has to further studies the 21 years can be apply and all of your payments must be made in order to be stopped .

So you don't just stop paying, if you have in fact made all the payments?

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Re: The facts about Child Maintenance

Postby rfari » July 7th, 2013, 12:49 am

Informative ched OP. is there any way to ensure tht the child actually benefits from the maintenance payments? What is to prevent the 'chile modda' from using the money to get her hair and nails did?
Can receipts for essentials such as school expenses (tuition, books, travel), food, diapers etc be used in lieu of monetary payments?

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Re: The facts about Child Maintenance

Postby pioneer » July 7th, 2013, 12:58 am

Don't think so, that's the system whiteknights created to screw men over.

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Re: The facts about Child Maintenance

Postby De Dragon » July 7th, 2013, 1:15 am

rfari wrote:Informative ched OP. is there any way to ensure tht the child actually benefits from the maintenance payments? What is to prevent the 'chile modda' from using the money to get her hair and nails did?
Can receipts for essentials such as school expenses (tuition, books, travel), food, diapers etc be used in lieu of monetary payments?

No, the recipient is under no obligation to show where the funds are going.

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Re: The facts about Child Maintenance

Postby sharkman121 » July 7th, 2013, 2:13 am

Great thread..

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Re: The facts about Child Maintenance

Postby Ted_v2 » July 7th, 2013, 6:25 am

rfari wrote:Informative ched OP. is there any way to ensure tht the child actually benefits from the maintenance payments? What is to prevent the 'chile modda' from using the money to get her hair and nails did?
Can receipts for essentials such as school expenses (tuition, books, travel), food, diapers etc be used in lieu of monetary payments?


the system really can screw one over. :lol:

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Re: The facts about Child Maintenance

Postby skylinechild » July 7th, 2013, 6:39 am

black start wrote:throwing pr1ck pon meh child mother is enough maintenance if you ask me.....

servicing she injectors and changing oil....what more she wa?


guess you bought the cow just to get the milk. :lol: :lol:

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Re: The facts about Child Maintenance

Postby Xplode » July 7th, 2013, 7:49 am

The court has free family counseling,during a hearing the judge can order it,if the parents are always fighting and auguring , the main purpose this makes a problem in the child's life style with parents auguring the court with counseling you will find the problem ,once this child no more than 4 years asked me if "you come to lock up daddy again"
When I looked at his records the mother took out a number of warrants ,just to spite him,the judge ordered a counseling and for the upcoming months the father was able to see his child every weekend.The mother admit she was taking out too many warrants just to get to him,the last time I spoke to the couple the father got a new job ,see's his child everyday and the mother stop the maintenance ,the counseling made this happen ,just the lack of communication between parents.


Then there is the father or mother that hides ,don't even care about the child ,makes the order reach into the thousand''s , the child. will want to know we're is mummy or daddy and when we catch up to you for child maintenance I always ask " how do you sleep at night"

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