Child maintenance

Child maintenance ensures that both parents contribute to the financial well-being of their child/children, regardless of their marital status or living arrangements.

The Family Law (Guardianship of Minors, Domicile, and Maintenance) Act Chapter 46:08 governs child maintenance in Trinidad and Tobago. Parents are legally obligated to maintain their children until they are eighteen (18) years of age. However, this obligation can extend to full-time education for the child at a first degree or where the child has special needs according to Section 16 of the Family Law Act.

Upon an application for financial relief, the court can make any of the following orders:

an order that the respondent shall make to the applicant for the benefit of a minor child of the family to whom the application relates, or to such minor child, such periodical payments, and for such term, as may be specified;

an order that the respondent shall pay to the applicant for the benefit of a minor child of the family to whom the application relates, or to such minor child, such lump sum as may be so specified;

Factors considered by the Court:

Where an application is made for the maintenance of a child, the Court shall consider the following according to Section 19 of the Family Law Act:

the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;

the financial needs, obligations and responsibilities which each parent of the minor has or is likely to have in the foreseeable future;

the financial needs of the minor;

the income, earning capacity (if any), property and other financial resources of the minor;

any physical or mental disability of the minor;

the manner in which the minor was educated or trained and the manner in which the parents expected him to be so educated or trained;
the standard of living enjoyed by the family while the members of the family resided together

Application process – Who can apply for maintenance?

Either parent can apply for a maintenance order through the Family Court.

What are the consequences of non-compliance with a maintenance order?

Non-compliance with a maintenance order can lead to measures such as a fine or imprisonment.

Conclusion

Family law in Trinidad and Tobago provides a robust framework to address the challenges families face during separation, divorce and beyond. While these processes can be daunting, understanding your rights and available remedies is crucial for achieving fair and just outcomes.

At Quantum Legal, we are committed to providing compassionate and expert legal guidance to help you navigate these complexities. Contact us today for personalized assistance with your family law matters.

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