Jamaican parents eager to end their legal responsibility for their children at age 18 will now be required by law to continue supporting them for an additional five years in specific situations.
This change follows the House of Representatives’ approval on Tuesday of an amendment to the Maintenance Act of 2005. The amendment mandates that parents maintain their children until age 23 if the children are pursuing education or training.
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Justice Minister Delroy Chuck, who introduced the amendment, explained that the 2005 Act obligates spouses to support each other and parents to support their children. He noted, “Section 16 (1)(A) of the principal act states that a maintenance order remains in force until the child turns 18.”
Chuck further explained, “Before the child turns 18, section 16 (3) allows for an application to the court to grant or extend a maintenance order if the child is engaged in education or training.” He emphasized that only under these circumstances could the court extend a maintenance order until the child turns 23, reflecting the legislature’s intent to ensure continued support during ongoing education.
However, Chuck pointed out that the principal act currently prevents the court from issuing a maintenance order for a child over 18 unless an application was made before the child reached that age. This loophole allows parents to stop paying maintenance once their child turns 18, even if the child is still in school, leaving no recourse for the child or the parent seeking continued support.
Chuck highlighted numerous cases where lower courts granted maintenance orders, only for them to be overturned by higher courts. The amendment aims to resolve this issue.
The bill will now go to the Senate for approval before becoming law.
