MAINTENANCE ORDERS (FACIUTIES
FOR ENFORCEMENT)
THE MAINTENANCE ORDERS ( F A W W
FOR ENSORCEMENT) ACT
Application in Jtamaka of Ordas made A W
12. Transmission OP maintenance ordtn madein Jamai#
13. Pro- order by court in Jamaica paroa t'&bg
14. Variation and rcvocatkm of maintaunce otd4a mad0 by OOoLt
15. Variation and revocatbn of maintenance order madb iu JIIIuJa
16. Revocation of pvi8ional ordet madd by court in J u a d a
d K o d
m Jamaica
by court abnwd.
before am5rmation.
a MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT)
Genaal
17. Effective date of variation or revocation.
18. Admissibility of evidence.
19. Appeals.
20. Designation of reciprocating countries.
21. Ragulatioar.
22. savings.
... . .
MAINTENANCE ORDERS (FAClLlTlES
FOR ENFORCEMENT)
3
A&
6of 1987,
2 of 1999.
THE MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT) ACT
[Ist July, 1988.1
1. This Act may be cited as the Maintenance Orders shm title.
(Facilities for Enforcement) Act.
Ink-rprc-
2. In this Act- tation.
“affiliation order” means an order (however described)
adjudging, finding or declaring a person to be the
father of a child, whether or not it also provides
for the maintenance of the child;
“appropriate authority” in relation to a reciprocating
state, means the person who in that state performs
the functions which in Jamaica are performed by
the Minister under this Act;
“certificate of arrears” in relation to a maintenance
order, means a certificate certifying that the sum
specified in the certificate is, to the best informa-
tion or balief of the officer giving the certificate,
the amount of the arrears due under the order at
the date of the certificate or, as the case may be,
that to his best information or belief there are no
arrears due thereunder at that date;
“certified copy” in relation to an order of a court,
means a copy of the order certified by the proper
officer of the court to be a true copy;
“COUI$’’ includes any tribunal or person having power
to make, confirm, enforce, vary or revoke a main-
tenance order;
me inclusion of rhis page is authorized by L.N. 3/2001]
4 MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT)
“court of summary jurisdiction” means a Resident
Magistrate’s Court or any Family Court established
pursuant to the Judicature (Family Court) Act;
“maintenance order” (whether provisional or final)
means an order (however described) of any of the
following descriptions and in the case of an order
which is not limited to the following descriptions,
the pafi of the order which is so limited, that is to
say-
(a) an order (including an affiliation order
or order consequent upon an m a t i o n
order) which provides for the periodical
payment of sums of money towards the
maintenance of any person. being a
person whom the person liable to make
payments under the order is, according
to the law applied in the place where the
order was made, liable to maintain;
(b) an afiiliation order or order consequent
upon an affiliation order, being an order
which provides for the payment by a per-
son adjudged, found or declared to be a
child’s father, of expenses incidental to
the child’s birth, or, where the child has
died, of his funeral expenses; and
(c) an order within the provisions of para-
graph (a) or (b) made against a payer on
the application of a public body which
claims reimbursement of sums of money
payable under the order with respect to
the payee if reimbursement can be ob-
tained by the public body under the law
to which it is subject,
me inclusion of this page is authorized by L.N. 3/2001]
MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT)
and, in the case of a maintenance order which has
been varied, means that order as varied;
“payee” in relation to a maintenance order, means the
person entitled to payments for which the order
provides;
“payer” in relation to a maintenance order, means the
person liable to make navments under the order;
“proper officer of the court” means in the case of the
Supreme Court, the Registrar of the Supreme
Court and in the case of a court of summary
iuriwiiction. the Clerk of the Court:
“provisional order” means an order which has no
effect until confirmed by 8. court in Jamaica or, as
the case may Fe, P court in a recinrocating state:
“recinrocating state” means a state dedared to be a
recinrocatino stste iinder section 2 0
“registering court” means a court in which an order Is
registered under this Act.
Application in Jamaica of orders made abroad
3.-(1) Where, before or after the 1st day of July, 1988- R w a
ob main-
O* made
dmmd.
(a) a maintenance order has been made against a per- ms
(6) a certified copy of the order has been received by
the Minister,
the Minister shall send to the proper officer of the court in
Jamaica the certified copy of the order for registration in
the prescribed manner.
(2) The proper officer of the court shall, on receipt of
the certified copy of the order. take such steps as he con-
siders necessary to ascertain whether the payer named in
the order is resident in Jamaica and-
son by a court in a reciprocating state!; and
-
m e inclusion d this page is authorized by L.N. 17/1989l
6 . MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT)
(a) if he is satisfied that the payer is not so resident,
return the certified copy of the order to the Minis-
ter together with a statement containing such in-
formation as he possesses as to the whereabouts
of the payer; and the Minister shall thereupon
remit the certified copy and statement aforesaid
to the appropriate authority in the reciprocating
state; and
(b) in any other case, register the order in the
prescribed manner.
C o n h a - 4.-(1) Where-
of ti0n provi-
sional
(a) a maintenance order has been made by a court in
a reciprocating state and such order is provisional
(b) the Minister has received a certified copy of the
order, together with the depositions of witnesses;
and
(c) it appears to the Minister that the payer is resident
in Jamaica,
the Miniyter shall send the documents referred to m para-
gaph (h) to the proper officer of the appropriate court in
accordance with section 5, with a request that a summons
be issued calling upon the nerson to show cause why that
order should not be confirmed and upon receipt of such
documents and request as aforesaid the court shall issue
the summons and cause it to be served upon such person.
ordere
abroad.
made only;
(2) A summons so issued may be served in Jamdca
in the same manner as if the order had been originally
issued or subsequently endorsed by a court of summary
jurisdiction in Jamaica.
me inclusion ob this page is authorized by LN. 17/11m
MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT)
7
(3) At any hearing for confirmation of the order-
(a) it shall be open to the person on w h m the sum-
mons was served to raise only such defence as he
might have raised at the original proceedings had
he been a party thereto; and
(b) a certificate from the court which made the pro-
visional order stating the grounds on which the
making of the order might have been opposed if
the person against whom the order was made had
been a party to the proceedings, shall be conclusive
evidence that those grounds are grounds on which
objection may be taken.
(4) A court in which confinnation of an order is being
sought may, notwithstanding anything in paragraph (b) of
subsection (3), seek from the court that made the provi-
sional order clarification of, or further particulars relating
to, information furnished in a certificate referred to in that
paragraph.
(5 ) If at the hearing the person served with the sum-
mons does not appear, or on appearing, fails to satisfy the
court that the order ought not to be confirmed, the
court may confim the order either without modification
or with such modification as may seem just to the court.
(6) If the person against whom the summons was
issued appears at the hearing and satisfies the court that for
the purpose of any defence it is necessary to reanit the case
to the court which made the provisional order for the taking
of any further evidence, the court may so -it the case and
adjourn the proceedings for that purpose.
fThe inclusion of thin page is authorized by L.N. 3/2001]
8 MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT)
(7) Where an order has been confirmed pursuant to
this section, the person bound thereby shall have the same
right of appeal, if any, against the confirmation of the order
as he would have had against the making of the order had
the order been made by the court which confirmed it.
(8) The court may refuse to confirm the order if the
court is satisfied that the order ought not to be confirmed;
and where the court 90 refuses the proper officer of the court
shall return the certified copy of the order and the docu-
ments which accompanied it to the Minister who shall
thereupon remit the copy and documents aforesaid to the
appropriate authority in the reciprocating state.
court for 5. The court by which an order is to be registered or con-
o r a n f i m - firmed, as the case may be, pursuant to this Act shall,
tion orders Ofmade whether or not the court which made the order is a court
registration
abroad.
211999 s. 2.
Foreign
language.
of superior jurisdiction, be-
(a) the Supreme Court; or
(b) the Family Court or, where in any parish there is
no such court, the Resident Magistrate’s Court.
6. Where a maintenance order which is sought to be
registered or confirmed, as the w e may be, under this Aot
is in a language other than the English language, the main-
tenance &er or a certified copy thereof shall have attached
thereto, for consideration and approval by the court, a
translation in the English language and, upon such approval
being given, the approved translation shdl, for the purposes
of this Act, be deemed to be the sole and proper version
of the order.
m e inclusion of this page is authorized by L.N. 3/2001]
MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT)
9
7.41) An order registered or confirmed, as the case may Bnforament
of o* be, by a court in Jamaica, shall, from the date of such r e
gistration or confirmation, have the same force and effect
and be enforceable as if it had been originally made by that
court and as if that court had had jurisdiction to make it.
(2) The provisions of the Schedule shall have effect ~ched~le.
in respect of maintenance orders registered or confirmed
under this Act.
8 . 4 1 ) A payer named in a maintenance order registered pays*
or confirmed in Jamaica shall give notice to the proper of abases notify oout
of a* officer of the court of any change of address.
(2) A payer who contravenes subsection (1) shall be
guilty of an offence against this section and liable on sum-
mary conviction in a Resident Magistrate’s Court to a flne
not exceeding one hundred dollars.
9.41) Where sums payable under a maintenance order Cone
made in a reciprocating state are expressed in a currency bA7.W
other than the currency of Jamaica, such order shall not be
registered or confirmed until those Sums are converted to
the currency of Jamaica.
(2) For the purposes of this section-
(a) the proper officer of the court in which registration
or confirmation of the order is sought shall-
(i) determine the equivalent of such sums as
aforesaid in the currency of Jamaica on
the basis of the prevailing rate of exchange
at the date on which the order was regis-
tered or confirmed as ascertained from any
bank licensed under the Banking Act;
iad& d this page is avthorized by L.N. 17/11m
MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT)
(5) certify on the order the Sums so deter-
mined expressed in the currency of Jamaica;
(6) the order, upon registration or confirmation, as
the case may be, shall be deemed to be an order
for payment of the sum so certified.
V d ~ q n o r lO.-(l) Subject to the provisions of this section, a court =:f in which a maintenance order made abroad was codrmed :ed% or registered may vary or revoke such order as if it had
md Or made the order and has jurisdiction to make it. C o l l h m l r n
Jarppica
(2) An order under this section varying a mah-
(a) the payer and the payee are both resident in
Jamaica; or
(b) the application is made bv the payee: or
(c) the variation consists of a reduction in the rate of
payments to be made under the order on tht
ground that there has been a change in the finan-
cial circumstances of the Dayer since the date on
which the order was made or confirmed, as the
case may be. and the court in which the order was
made has no power under the law in that country
to confirm a nrovisional variation order.
tenance order shall be provisional unless-
(3) An order under this section revoking a main-
tenance order shall be provisional unless the payer a d the
payee are both resident in Jamaica.
(4) Where an andication is made for the revocation
of a maintenance order the court shall. unless the payer
and the pave are both resident in Jamaim, apply the law
of the state in which the order was made.
MAlNTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT)
I t
(5) Where a court makes a provisional order under
this section varylng or revoking, as the case may be, a
maintenance order, the proper officer of the COW shall send
to the court in the reciprocating state-
(U) a certified copy of the provisional order; and
(b) a duly authenticated document set- out or mn-
marking the evidence given in the prowedqs.
(6) Where an order made by the court pursuant to
thLs section is not provisional, the proper ofices of the court
shall send to the Minister a certified copy of the order and
the Minister shail thereupon remit the copy aforesaid to the
appropriate authority in the recipocatmg state.
ll.-(l) Where the proper oficer of the court has reascm Td
to believe that the payer under an order registered or con- z-,,,
firmed by a court in Jamaica has ceased to reside in Jamaica, pm
he shall send to the Minister, for transmission to the appro- ta~s la
order was made, or, as the case may be, the appropriate
authority in the reciprocating state in which the pay= is
residing, the fallowing-
-to
priate authority in the reciprocating state in which the 1-
(U) a copy of the registered or confumed or&,
(b) a certificate of arrears signed by him;
(c) a statement containing information as to the wh-
abouts of the payer;
0 any other document which may be relevant to the
order.
(2) Where the documents referred to in subsection
(1) are sent to a state other than the state in which the order
was made, the Minister shall inform the appropriate
ialurbn ob this page is auibmbd by LN. 17/r1!89
12 MAINTENANCE ORDERS (FACIWTIES
FOR ENFORCEMENT)
authority in the state in which the order was made that the
documents have been so sent.
A ppkcarion Abroad of Orders made in Jamaica
12. Where before or after the 1st day of July, 1988- TranS-
orden made
(a) a court in Jamaica has made a maintenance order
against a person; and
(b) it is proved to the court that such person is red-
dent in a reciprocating state,
the court shall, upon the request of the payee, send a certi-
fied copy of the order to the Minister for transmission
through the appropriate authority to the appropriate court
in that state for registration and enforcement.
InisSian of
maintenance
in Jamaica.
Pro*iOna* 13.41) Where- -
abroad.
order by
court in
JUaiCa (a) an application is made to a court in Jamaica for
a maintenance order against any person; and
(6) it is proved to the court that that person is residing
in a reciprocating state,
the court may, in the absence of that person, make any such
order as it might have made if a summons had been duly
served on that person and he had failed to appear at the
hearing but any order so made shall be provisional onZy
and shall have no effect unless and until confirmed by a
competent court in that state.
ZF&
(2) The evidence of any witness who is examined
(a) be in the form of a deposition put in writing, read
on any such application shall either-
over and signed by the witness; or
inclusion of this page b authorizd by L.N. 17/11-
MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT)
13
(b) be recorded (whether in shorthand or other
mechanism) and transcribed and thereafter certi-
fied as correct by the proper officer of the court.
(3) Where an order is made under subsection (11,
the proper officer of the court shall send to the Minister
for transmission through the appropriate authority to a
court in the reciprocating s t a t e
(a) a certified copy of the order;
(6) the depositions of witnesses or, if the evidence is
recorded as referred to in subsection (2) (b), a
certified copy of the transcript;
(c) the certificate from the court which made the pro-
visional order stating the grounds on which the
making of the order might have been opposed if
the person against whom the order is made had
been duly served with a summons and had ap-
peared at the hearing; and
(d) such information in the possession of the court as
would facilitate locating and identifying that per-
son.
(4) The confirmation of an order made under this
section shall not affect any power of a court in Jamaica to
vary or rescind the order pursuant to section 14.
(5) The applicant shall have the same right of
appeal, if any, against a refusal to make a provisional order
as he would have had against a refusal to make the order
had a summons been duly served on the person against
whom the order is sought to be made.
14 MAINTEUANCE ORDERS (FACILITIES
FOR ENFORCEMENT)
Variation 1 4 4 1 ) Where a maintenance order (hereinafter referred
tion of to as “the original order”) has been made by a court in
orders m&- made Jamaica and a certified copy thereof has been sent to a reci-
by in procating state for registration or confirmation, as the case
may be, a court in Jamaica of competent jurisdiction may
make an order varying or revoking the original order.
and revoca-
Jamaica.
(2) Where a variation under subsection (1) consists
of an increase in the payments under the original order, the
order for variation shall be provisional unless-
(U) both parties appear at the hearing or
(6) the applicant appears at the heaMg and the court
is satislied that the other party has been duly
served with the appropriate procesl.
(3) Where an original order made by the court in
Jamaica is varied or revoked by a later order pursuant to
subsection (l), the proper officer of the court shall send to
the Minister for transmission through the appropriate
authority to the court in the reciprocating state in which the
original order was registered or confirmed-
(a) where the later order is a provisional order, the
relevant documents for purposes of confhtw
or
(6) where the later order k not a provisional order, a
certified copy of the later order for purposes of
registration.
15. Where- V U b t h
Md m--
tion of
main-
t8-
order made
in Jamaica
by court and
&Mad.
(a) a court in a reciprocating state by a provisional
order varies or revokes, as the c8se may be, a
maintenance order made by a court in Jamaica;
indudon thir bp LN. 1 7 w w ~
MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT)
(b) the court in Jamaica has received a certified copy
of the provisional order made by the court in the
reciprocating state and a duly authenticated docu-
ment setting out or summarising the evidence given
in the proceedings in which the provisional order
was made,
the court in Jamaica may confirm the provisional order with
or without modification.
16.-(1) Where, before the confirmation of a maintenance Revocation
order made by a court in Jamaica (hereinafter referred to of sional provi- order
as “the original court”) against a person residing in a reci- y:‘ 2
procating state, the orginal court- Jamaica before con-
&mation.
(a) receives a duly authenticated document setting out
or summarising the evidence taken in the recipro-
cating state for the purpose of proceedings relating
to the confirmation of the order; or
(b) in compliance with a request made by the court
in the reciprocating state, takes additional evidence
for the purpose of such proceedings,
the original court shall consider that evidence and if it
appears to that court that the order ought not to have been
made it shall give to the person in whose favour the order
was made an opportunity to consider and refute that evi-
dence or to adduce further evidence.
(2) The original court may revoke or vary the order
after considering all the evidence and any representations
made by the person in whose favour the order was made.
me hdusbn of ,&ithis page is authorized by L.N, 17/1989]
R JL-R
16 MAlNTENANCE ORDERS (FAClLITLES
FOR ENFORCEMENT)
Eff ectiw
date of
variation
or revoca-
tion.
Admid
bility
mentary
evidence.
of docu-
Appeals.
General
17.-(1) Where a court in Jamaica or a court in a reci-
procating state makes an order (whether or not such order
is a provisional order that has been confirmed) varying a
maintenance order, such maintenance order shall have effect
as varied.
(2) Where a maintenance order is revoked by an
order made by a court in Jamaica or by a court in a recipro-
cating state, such maintenance order shall be deemed to
have ceased to have effect as from the date on which the re-
vocation order was made but without prejudice to the
recovery of any arrears due under the maintenance order up
to that date.
18. In any proceedings before a court in Jamaica under
this Act, the fdlowing documents duly certified, shall be
admissible as evidence of the facts stated therein-
(a) a document which sets out or summarises evidence
given in a court in a reciprocating state;
(b) a document which sets out or summarises evidence
taken in a reciprocating state for the purpose of
proceedings in a court in Jamaica under this Act;
(c) a document which was received in evidence in a
court in a reciprocating state or a copy of a docu-
ment so received.
19.41) Where a court in Jamaica has refused to confirm
a provisional order made by a court in a reciprocating state
the applicant shall have a right of appeal against such
refusal.
me inclusion of this page b at&~riaxl by L.N. 17119891
MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT)
(2) A payer or a payee, as the case may be, shall
(a) an order made by a court in Jamaica varying or
revoking a maintenance order made by a court in
a reciprocating state;
(b) a refusal by a court in Jamaica to vary or revoke
a maintenance order made by a court in a recipro-
cating state.
have a right of appeal against-
20. Where the Minister is satisfied that reciprocal provi- Desigqation
of reapre sions have been or will be made by any state for the enforce- cating
ment in that state of maintenance orders made in Jamaica, cOuntri~*
the Minister may, by order, declare that state to be a recipro-
cating state for the purposes of this Act.
21. The Minister may make regulations for giving effect Reguhtionr.
to the provisions of this Act, and, without prejudice to the
generality of the foregoing, may make regulations-
(a) prescribing the forms to be used for carrying into
effect the provisions of this Act;
(b) generally for facilitating communication between
courts in Jamaica and courts in reciprocating states.
22.-(1) If at the 1st of July, 1988, there is in force any s a v b -
order made by a court in Jamaica or elsewhere, pursuant to
the repealed Act or there is pending in any court (in Jamaica
or elsewhere) any application for the making or confirmation
of an order pursuant to the repealed Act, this Act shall apply
in relation thereto as if the order was made or pending, as
the case may be, pursuant to this Act, and the court (in
Jamaica or elsewhere), if it had jurisdiction pursuant to the
repealed Act, also has jurisdiction pursuant to this Act.
(2) In this section “repealed Act” means the Main-
tenance Qrders (Facilities for Enforcement) Act in force
immediately prior to 1st July, 1988.
me inclusion of this page l s autho- by L.N. 17/,1989]
MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT)
Provisions applicable to Maintenance Orders registered or confinned
under this Act
1. The proper officer of the court by which an order is enforceable
by virtue of this Act shall take such step for enforcing the order l ~ l
may be prescribed.
2. In any proceedings for or with respect to the enforcement of such
order a certificak of arrears sent to the proper officer of the court shall
be evidence of the facts stated therein.
3. Subject to paragraph 4, sums of money payable under snch order
shall be payable in accordance with the order as from the date
which the order was made.
4. A court confirming an order under section 4 may direct that the
sums of money payable under it shall be deemed to have been payable
in accordance with the order as from such date, being a date not earlier
than the date on which the order was made, as it may specify. and sub-
ject to such direction m ordm so co-ed shall be treated as if it bad
been made in the form in which it was confirmed and as if it had n e w
been a provisional order.
... .
[The inclusion of &is page is authorized by L.N. 17/1989]
