XN000022-1986-10-17 — Page 2

1

FRIDAY, OCTOBER 17, 1986

REMOVAL OF LIMITS ON FAMILY MAINTENANCE PROPOSED

******

THE GOVERNEMENT PROPOSES TO REMOVE FINANCIAL LIMITS ON THE AMOUNTS A COURT CAN ORDER TO BE PAID AS MAINTENANCE TO A WIFE AND HER CHILDREN AND IN RESPECT OF ILLEGITIMATE CHILDREN.

THE PROPOSED AMENDMENTS WERE CONTAINED IN THE SEPARATION AND MAINTENANCE ORDERS (AMENDMENT) BILL 1986, THE AFFILIATION PROCEEDINGS (AMENDMENT) BILL 1986 AND THE GUARDIANSHIP OF MINORS (AMENDMENT) BILL 1986 PUBLISHED IN THE GAZETTE TODAY (FRIDAY).

EXPLAINING THE PURPOSE OF THE PROPOSED CHANGES. A GOVERNMENT SPOKESMAN SAID THAT AT PRESENT THE MOST THAT A JUDGE CAN AWARD AS MAINTENANCE UNDER THE SEPARATION AND MAINTENANCE ORDERS ORDINANCE IS $1 000 A WEEK FOR A WIFE AND $500 A WEEK FOR A CHILD. FOR ILLEGITIMATE CHILDREN UNDER THE AFFILIATION PROCEEDINGS ORDINANCE. THE MAXIMUM IS ALSO AT PRESENT $500 PER WEEK.

UNDER THE GUARDIANSHIP OF MINORS ORDINANCE, MAINTENANCE ORDERS MADE IN THE HIGH COURT ARE NOT SUBJECT TO ANY FINANCIAL LIMIT BUT THOSE MADE IN THE DISTRICT COURT ARE LIMITED TO $500 PER WEEK FOR EACH CHILD.

+ IF THE PROPOSED LEGISLATION IS ENACTED, ALL THESE LIMITS WILL BE REMOVED AND THE COURTS WILL BE FREE TO MAKE SUCH ORDERS AS JUSTICE REQUIRES IN THE CIRCUMSTANCES OF EACH CASE, THE SPOKESMAN SAID.

THE COURTS ALREADY HAVE SUCH POWER UNDER THE MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE IN DIVORCE PROCEEDINGS.

THE SPOKESMAN ADDED THAT THE REMOVAL OF THE LIMITS WOULD NOT RESULT IN ANY GENERAL INCREASE IN AWARDS MADE BUT THE NEW LEGISLATION WOULD ENSURE THAT JUSTICE COULD BE DONE IN EXCEPTIONAL CASES WHERE THE CIRCUMSTANCES MIGHT DEMAND AN EXCEPTIONAL AWARD, FOR EXAMPLE IN THE CASE OF A HANDICAPPED CHILD WHERE ADDITIONAL MAINTENANCE WAS REQUIRED.

THE PRESENT FINANCIAL LIMITATION UNDER THE AFFILIATION PROCEEDINGS ORDINANCE FOR ILLEGITIMATE CHILDREN WAS ADVERSELY COMMENTED ON IN THE HIGH COURT IN 1984 WHEN MR JUSTICE HUNTER REMARKED: THE NEED TO PRESERVE A LIMITATION CALCULATED PRINCIPALLY TO PROTECT WEALTHY PUTATIVE FATHERS AT THE EXPENSE OF THEIR MISTRESSES AND CHILDREN IS NOT OBVIOUS TO ME+.

THE GOVERNMENT HAS CONSULTED THE LEGAL AND WELFARE CIRCLES ON THE PROPOSED CHANGES, PARTICULARLY ON THE QUESTION OF THE REMOVAL OF FINANCIAL LIMITS. THE MAJORITY OF THESE BODIES HAVE INDICATED THEIR SUPPORT FOR THE PROPOSED AMENDMENTS.

UNDER THE PROPOSED LEGISLATION, MAINTENANCE FOR WIVES OR CHILDREN WILL NORMALLY BE BY WAY OF PERIODICAL PAYMENTS BUT THE COURTS WILL BE PERMITTED TO AWARD LUMP SUMS EITHER IN ADDITION OR INSTEAD,

/LUMI SUM