L.R.O. 1/2012
LAWS OF GUYANA
MAINTENANCE ACT
CHAPTER 45:03
Act
14 of 1903
Amended by
3 of 1908
4 of 1972 12 of 1983 19 of 1990 24 of 1997
1 – 11 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
LAWS OF GUYANA
2 Cap. 45:03 Maintenance
Note
on
Subsidiary Legislation
This chapter contains no subsidiary legislation.
Note
on
Repeal
Section 88 of the Custody, Contact, Guardianship and Maintenance Act, 2011
provides as follows:
“The Maintenance Act in so far as it relates to the Maintenance of Children and
other matters provided for in this Act is repealed.”

L.R.O. 1/2012
LAWS OF GUYANA
Maintenance Cap. 45:03 3
L.R.O. 1/2012
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 maintenance of
persons in hospitals, etc.
13. Order for maintenance.
14. Enforcement of order and procedure.
__________________________ 1929 Ed.
c. 145
1953 Ed.
c. 168 _______________________________________________________
14 of 1903 An Act to provide for the Maintenance of Children and
other Persons by their Parents or other Relatives.
[28TH MARCH, 1903]
Short title.

Duty of man to
maintain
1. This Act may be cited as the Maintenance Act.
2. Every man is hereby required to maintain—

LAWS OF GUYANA
4 Cap. 45:03 Maintenance
certain
children.
[4 of 1972
12 of 1983]

Duty of woman
to maintain
certain
children.
[4 of 1972
19 of 1990]
(a) his own children, whether born in
wedlock or not; and also
(b) every child, whether born in wedlock
or not, which his wife has living at the
time of her marriage with him; and
also
(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.

3. Every woman is hereby required to maintain—
(a) her own children, whether born in
wedlock or not;
(b) every child, whether born in wedlock
LAWS OF GUYANA
Maintenance Cap. 45:03 5
L.R.O. 1/2012
Duty of child to
maintain
parents.
[12 of 1983]
or not, whom her husband has living
with them as part of the family at the
time 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.
4. Everyone born in wedlock is hereby required to
maintain his or her father and mother, and grandfathers and
grandmothers; and 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 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
LAWS OF GUYANA
6 Cap. 45:03 Maintenance

Mode of
compelling
performance of
duties imposed
by the Act.
Proceedings on
hearing of
complaint.
[4 of 1972
12 of 1983
19 of 1990
24 of 1997]
infirmity, unable to maintain himself, herself, or themselves.

5. (1) Anyone entitled to be maintained by another
person under this Act, and anyone having the care and
custody of a child so entitled, may, if the person, or some or
one of the persons, if more than one, fails to maintain him or
the child, make a complaint before a magistrate.
(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 shall proceed to inquire into the matter, and, if
satisfied that the complainant, or the person on whose behalf
complaint is made as aforesaid, is entitled under this Act, to
be maintained by the party against whom the complaint is
made, and that he has neglected his duty in that respect, shall
proceed to inquire into his means, and, if satisfied 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 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
L.R.O. 1/2012
LAWS OF GUYANA
Maintenance Cap. 45:03 7
L.R.O. 1/2012
Limitation of
time for
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.
7. Any order of maintenance made under this Act
LAWS OF GUYANA
8 Cap. 45:03 Maintenance
operation of
order of
maintenance.
[4 of 1972
19 of 1990]
Cancellation of
order in certain
cases.

Burden of
proof as to
power of
child to
maintain
himself.
[4 of 1972]
Absconding to
avoid liability
shall, in the case of a child, be deemed to be in force until the
child attains the age of sixteen years, or where the child is
attending any university, college, school or other educational
establishment until the child attains the age of eighteen years,
and, in the case of any other person, for the period 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

(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 may at any time apply to any magistrate,
having jurisdiction to make that order, to cancel it; and, if he
satisfies the magistrate, on due 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 age shall be deemed unable to maintain
himself by reason of tender years, unless the contrary is
shown.
10. (1) Everyone, by this Act required to maintain
L.R.O. 1/2012
LAWS OF GUYANA
Maintenance Cap. 45:03 9
L.R.O. 1/2012
for
maintenance.
[6 of 1997]

Liability of one
spouse to pay
for
maintenance of
other spouse in
hospital or
home for
destitute
persons.
[19 of 1990]

Poor Law
Commis-
sioners may
enforce
payment for
maintenance of
persons in
another, who departs from his usual place of abode with a
view to evade any liability for any maintenance as aforesaid,
or for any payments which he has been ordered to make for
the maintenance of another shall be guilty of 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.

11. (1) Whenever any married person is a patient in a
hospital, or is an inmate of a home for destitute persons, the
hospital, or home for destitute persons being provided or
maintained by the Government out of public moneys, his or
her spouse is hereby required to contribute towards his or her
maintenance therein, and the next three succeeding sections
of this Act shall apply in that case, and for the purposes of
those sections every married person shall be deemed a person
entitled to be maintained by his or her spouse within the
meaning of this Act.
(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.
12. If anyone, entitled under this Act to be maintained
by another or others, is a patient in a hospital, or is an inmate
of a home for destitute persons or orphanage, or is a child in a
training school within the meaning of the Training Schools
Act, the hospital, home for destitute persons, orphanage or
LAWS OF GUYANA
10 Cap. 45:03 Maintenance
hospitals, etc.
[4 of 1972
19 of 1990]

Order for
maintenance.
[4 of 1972
12 of 1983
19 of 1990
24 of 1997]
training school being provided or maintained by the
Government out of public moneys, the poor law
commissioners or a district commissioner may make
complaint before a magistrate, who 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.
13. At the time and place mentioned in the summons,
the magistrate shall proceed to inquire into the matter, and, if
satisfied that the person in respect of whom the complaint is
made is entitled under this Act to be maintained by the party
or parties against whom the complaint is 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
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
L.R.O. 1/2012
LAWS OF GUYANA
Maintenance Cap. 45:03 11
L.R.O. 1/2012
Enforcement of
order and
procedure.
c. 10:02
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 it to be made, or any of them, is or are
in arrear, may be enforced by distress, in the manner
prescribed in Part IV of the Summary Jurisdiction (Procedure)
Act, and except as otherwise hereby 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.
___________________