LAWS OF GUYANA

Maintenance Cap. 45:03 3

CHAPTER 45:03

MAINTENANCE ACT

ARRANGEMENT OF SECTIONS

SECTION
1. Short title.
2. Duty of man to maintain certain children.
3. Duty of woman to maintain certain children.
4. Duty of child to maintain parents.
5. Mode of compelling performance of duties imposed by the Act.
6. Proceedings on hearing of complaint.
7. Limitation of time for operation of order of maintenance.
8. Cancellation of order in certain cases.
9. Burden of proof as to power of child to maintain himself.
10. Absconding to avoid liability for maintenance.
11. Liability of one spouse to pay for maintenance of other spouse
in hospital or home for destitute persons.
12. Poor Law Commissioners may enforce payment for mainten-
ance of persons in hospitals, etc.
13. Order for maintenance.
14. Enforcement of order and procedure.
1929 Ed.
c. 145
__________ 1953 Ed.
c. 168
An Act to provide for the Maintenance of Children and other ______________
Persons by their Parents or other Relatives. 14 of 1903

[28TH MARCH, 1903]

1. This Act may be cited as the Maintenance Act. Short title.

2. Every man is hereby required to maintain— Duty of man to

maintain
certain
(a) his own children, whether born in wedlock or not; and
children.
also [4 of 1972
(b) every child, whether born in wedlock or not, which his 12 of 1983]
wife has living at the time of her marriage with him; and also

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4 Cap. 45:03 Maintenance

(c) if he cohabits with any woman, every child, whether

born in wedlock or not, which that woman has living at the
time of the commencement of the cohabitation; and also
(d) the children, whether born in wedlock or not,—

(i) of any child that his wife has by him during his
marriage to her;
(ii) of any child of which he has been duly adjudged to be
the father under any law for the time being in force; or
(iii) of any child which is acknowledged by him to be his
own,

in the event of the parents of those children failing to maintain them,

until they attain the age of sixteen years, or longer if they are, by reason
of bodily or mental infirmity, unable to maintain themselves.

Duty of 3. Every woman is hereby required to maintain—

woman to
maintain (a) her own children, whether born in wedlock or not;
certain
children. (b) every child, whether born in wedlock or not, whom her
[4 of 1972 husband has living with them as part of the family at the time
19 of 1990] of his marriage with her;
(c) if she cohabits with any man, every child, whether
born in wedlock or not, whom that man has living with them
as part of the family at the time of the commencement of the
cohabitation; and
(d) the children, whether born in wedlock or not, of any
child that she has had, in the event of the parents of those
children failing to do so, until they attain the age of sixteen
years, or until they attain the age of eighteen years where
they are attending any university, college, school or other
educational establishment, or longer if they are, by reason of
bodily or mental infirmity, unable to maintain themselves.

Duty of child 4. Everyone born in wedlock is hereby required to maintain his or

to maintain her father and mother, and grandfathers and grandmothers; and
parents.
[12 of 1983]
everyone not born in wedlock is hereby required to maintain his or her
mother, and also the man (if any) with whom his or her mother openly
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Maintenance Cap. 45:03 5

cohabited at the time of his or her birth, provided that man recognised
and treated him or her as the man’s child during his or her infancy, and
also the man who is his or her father, whether or not his or her mother
openly cohabited with that man at the time of his or her birth, provided
that during his or her infancy that man had acknowledged him or her as
the man’s child and had contributed towards his or her maintenance, if
the father or mother or other person aforesaid, or all or any of those
persons are, by reason of old age, or bodily or mental infirmity, unable
to maintain himself, herself, or themselves.

5. (1) Anyone entitled to be maintained by another person under Mode of

this Act, and anyone having the care and custody of a child so entitled, compelling
performance of
may, if the person, or some or one of the persons, if more than one, fails
duties imposed
to maintain him or the child, make a complaint before a magistrate. by the Act.

(2) The magistrate shall inquire into the matter and, if it appears
that the complainant or the child is entitled to be maintained by the
person or persons against whom the complaint is made but that he or
they has or have neglected to comply with the requirements of this Act,
shall summon him or them to appear before the court at a time and
place to be mentioned in the summons to answer the matter of the
complaint.

(3) If anyone, entitled under this Act to be maintained by some

other person or persons, becomes chargeable to the poor law
commissioners, the commissioners or a district commissioner may
make complaint before a magistrate on behalf of the person relieved;
and thereupon the magistrate shall proceed in the same way as if that
person had himself made the complaint.

6. At the time and place mentioned in the summons, the magistrate Proceedings
shall proceed to inquire into the matter, and, if satisfied that the on hearing of
complaint.
complainant, or the person on whose behalf complaint is made as
[4 of 1972
aforesaid, is entitled under this Act, to be maintained by the party 12 of 1983
against whom the complaint is made, and that he has neglected his duty 19 of 1990
in that respect, shall proceed to inquire into his means, and, if satisfied 24 of 1997]
that he is of ability to maintain or contribute to the maintenance of the
complainant, or the person on whose behalf complaint is made as
aforesaid, shall proceed to make an order (to be called an order of

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6 Cap. 45:03 Maintenance

maintenance) against him, ordering him to pay, either to the

complainant or to some person approved by the magistrate and to be
named in the order, that periodical sum which, having regard to the
means of the party or parties against whom the complaint is made and
all the circumstances of the case, the magistrate thinks just:

Provided that—

(a) the minimum maintenance payable pursuant to

section 3 shall be not less than five hundred dollars nor more
than twenty-five thousand dollars per week;
(b) the minimum maintenance payable under section 4
shall be not less than five hundred dollars nor more than
thirty thousand dollars per week;
(c) if the complaint has been made under section 5(3), the
magistrate may also order the party against whom the
complaint is made to pay to some person named in the order
a separate amount of not less than five hundred dollars nor
more than twenty-five thousand dollars, in respect of an
order pursuant to section 3, and not less than five hundred
dollars nor more than thirty thousand dollars; in respect of
an order pursuant to section 4, for every week that the
commissioners or the Deputy Chief Executive Officer of the
Regional Democratic Council have or has given relief, but
such additional amount shall nevertheless not exceed the
actual amount expended on relief.

Limitation of 7. Any order of maintenance made under this Act shall, in the case
time for of a child, be deemed to be in force until the child attains the age of
operation of
order of
sixteen years, or where the child is attending any university, college,
maintenance. school or other educational establishment until the child attains the age
[4 of 1972 of eighteen years, and, in the case of any other person, for the period
19 of 1990] named in the order:

Provided that—

(a) the order may be renewed at any time by any magistrate

having jurisdiction to make an order; and
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Maintenance Cap. 45:03 7

(b) where the person to be maintained is unable to maintain

himself by reason of old age or by reason of an illness or
infirmity likely to be permanent, the magistrate may make
the order of maintenance for the rest of the natural life of that
person.

8. Any person on whom any order has been made under this Act Cancellation
may at any time apply to any magistrate, having jurisdiction to make of order in
that order, to cancel it; and, if he satisfies the magistrate, on due certain cases.
inquiry, that he has ceased to be of ability to maintain or contribute, or
that the person whom by the order he was ordered to maintain is no
longer unable as aforesaid to maintain himself, the magistrate shall
cancel the order.

9. For the purposes of this Act, every child under sixteen years of Burden of
age shall be deemed unable to maintain himself by reason of tender proof as to
power of child
years, unless the contrary is shown.
to maintain
himself.
[4 of 1972]
10. (1) Everyone, by this Act required to maintain another, who Absconding to
departs from his usual place of abode with a view to evade any liability avoid liability
for
for any maintenance as aforesaid, or for any payments which he has
maintenance.
been ordered to make for the maintenance of another shall be guilty of [6 of 1997]
an offence, and, on conviction thereof, on complaint of the poor law
commissioners, or a district commissioner, or of any person entitled
under this Act to make a complaint as aforesaid, or of any police or
other constable, shall be liable to a fine of nine thousand seven hundred
and fifty dollars or to imprisonment for three months.

(2) Any salary, wages, or debts due to that person shall be liable
to satisfy the arrears of any payments ordered to be made under this
Act, and may be attached, and required to be paid to the person entitled
under the order to receive them under the order of the magistrate before
whom the person has been tried.

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8 Cap. 45:03 Maintenance

Liability of 11. (1) Whenever any married person is a patient in a hospital, or is

one spouse to an inmate of a home for destitute persons, the hospital, or home for
pay for destitute persons being provided or maintained by the Government out
maintenance of
other spouse in of public moneys, his or her spouse is hereby required to contribute
hospital or towards his or her maintenance therein, and the next three succeeding
home for sections of this Act shall apply in that case, and for the purposes of
destitute those sections every married person shall be deemed a person entitled
persons.
to be maintained by his or her spouse within the meaning of this Act.
[19 of 1990]

(2) For the purposes of this section and of the two next
succeeding sections “hospital” includes the Mental Hospital and the
Mahaica Hospital as well as other hospitals.

Poor Law 12. If anyone, entitled under this Act to be maintained by another or
Com- others, is a patient in a hospital, or is an inmate of a home for destitute
missioners
persons or orphanage, or is a child in a training school within the
may enforce
payment for meaning of the Training Schools Act, the hospital, home for destitute
maintenance of persons, orphanage or training school being provided or maintained by
persons in the Government out of public moneys, the poor law commissioners or
hospitals, etc. a district commissioner may make complaint before a magistrate, who
[4 of 1972
19 of 1990]
shall thereupon inquire into the matter, and, if it appears to him that the
first-mentioned person is entitled to be maintained by any person or
persons under the Act, shall summon the last-mentioned person or
persons to appear before him at a time and place to be mentioned in the
summons, to show cause why he or they should not contribute towards
the maintenance of the first-mentioned person.

Order for 13. At the time and place mentioned in the summons, the magistrate
maintenance. shall proceed to inquire into the matter, and, if satisfied that the person
[4 of 1972 in respect of whom the complaint is made is entitled under this Act to
12 of 1983
19 of 1990 be maintained by the party or parties against whom the complaint is
24 of 1997] made, shall proceed to inquire into his or their means, and, if satisfied
that he or they or any of them, is or are of sufficient ability to maintain
or contribute towards the maintenance of the person in respect of
whom the complaint is made, shall proceed to make an order against
him or them, ordering him or them to pay to the commissioners or the
Deputy Chief Executive Officer of the Regional Democratic Council
that periodical sum which, having regard to his or their means, and all
the circumstances of the case, the magistrate thinks just, such sum
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Maintenance Cap. 45:03 9

being within the limits prescribed by section 6, for every week that the
person in respect of whom the complaint was made has been in the
hospital, home for destitute persons, orphanage or training school
within the meaning of the Training Schools Act as aforesaid:

Provided that—

(a) no payments shall be recoverable under the order for

any period after the person in respect of whom it has been
made has died, or has been discharged from the hospital,
home for destitute persons, orphanage or training school
within the meaning of the Training Schools Act aforesaid;
(b) if the person against whom an order is made under this
section has previously had an order made against him under
section 6 in respect of the same person, the last-mentioned
order shall not be enforced as long as the order made under
this section is enforceable; and
(c) no order shall be made under section 6 as long as any
order under this section remains in force in respect of the
same person.

14. (1) Any order made under this Act, if the payments required by Enforcement
it to be made, or any of them, is or are in arrear, may be enforced by of order and
distress, in the manner prescribed in Part IV of the Summary procedure.
Jurisdiction (Procedure) Act, and except as otherwise hereby c. 10:02
provided, all proceedings under this Act shall be as nearly as possible
according to the procedure under that Act.

(2) The forms contained in the Second Schedule to that Act

may, with any variations and additions the circumstances of the
particular case require, be used in proceedings under this Act, and
when so used shall be good and sufficient in law.

______________

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