XN000022-1986-11-19 — Page 7

WEDNESDAY, NOVEMBER 19, 1986

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DISTRICT COURT MAY DECIDE LEVEL OF MAINTENANCE

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PROPOSALS CONCERNING MAINTENANCE OF A SPOUSE OR CHILDREN OF A BROKEN MARRIAGE AND OF CHILDREN BORN OUT OF WEDLOCK WERE SUPPORTED BY THE LEGCO AD HOC GROUP WHICH STUDIED THE DRAFT LEGISLATION, THE HON MARIA TAM TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

IN PARTICULAR, THE GROUP, WHICH SHE CONVENED, SUPPORTED A PROPOSAL TO GIVE THE JUDICIARY POWER TO DECIDE ON THE APPROPRIATE LEVEL OF MAINTENANCE AND THE METHOD OF PAYMENT.

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THE PROPOSALS WERE CONTAINED IN THREE BILLS THE SEPARATION AND MAINTENANCE ORDERS (AMENDMENT) BILL, AFFILIATION PROCEEDINGS (AMENDMENT) BILL, AND THE GUARDIANSHIP OF MINORS (AMENDMENT) BILL.

MISS TAM SAID THE GROUP EXAMINED THE HISTORY OF THE LIMITS IMPOSED ON MAINTENANCE AND ON THE METHOD OF PAYMENT IN THE PROVISIONS OF ALL THREE RELEVANT ORDINANCES,

IT FOUND NO VALID REASON FOR THE LEGISLATURE TO RETAIN THE POWER TO FIX AN ARBITRARY LIMIT ON AWARDS MADE BY THE DISTRICT COURT WITHOUT KNOWLEDGE OF THE NEEDS OF THE PARTIES INVOLVED IN BROKEN FAMILIES AND THE ABILITY OF THE PARTIES TO PAY FOR A CHILD'S MAINTENANCE.

+WE BELIEVE THAT THE JUDGE WHO HAS HEARD THE EVIDENCE AND SEEN THE PARTIES AND THEIR CHILD OR CHILDREN MUST BE IN A BETTER POSITION TO DEVISE A FORMULA WHEREBY THE CHILD WILL BE BEST PROTECTED, EDUCATED AND MAINTAINED,+ MISS TAM SAID.

SHE SAID MEMBERS THEREFORE DECIDED THAT THE LEGISLATURE SHOULD RELINQUISH ITS POWER TO REVISE THE LIMITS ON MAINTENANCE AND THE DISTRICT COURT SHOULD BE GIVEN THE FLEXIBILITY TO MAKE APPROPRIATE AWARDS EITHER BY LUMP SUM PAYMENTS OR RY INSTALMENTS.

UNDER THE AFFILIATION PROCEEDINGS (AMENDMENT) BILL MAINTENANCE FOR AN ILLEGITIMATE CHILD WOULD NO LONGER BE RESTRICTED TO $500 PER WEEK AND THE DISTRICT COURT MIGHT ALSO AWARD LUMP SUM OR PERIODICAL PAYMENTS FOR MAINTENANCE AND EDUCATION AS HE THOUGHT REASONABLE.

THE AD HOC GROUP SHARED THE VIEWS OF MANY MEMBERS OF THE JUDICIARY AND THE LEGAL PROFESSION THAT THE ILLEGITIMATE CHILD WAS AN INNOCENT PARTY TO THE DISPUTE BETWEEN PARENTS, SHE SAID.

+1N MANY WAYS AN ILLEGITIMATE CHILD SUFFERS DISADVANTAGES FOR LACK OF SOCIAL STATUS AND THE CARE OF ONE OF HIS PARENTS, AND HE MUST NOT BE DEPRIVED OF JUST AND FAIR TREATMENT WHEN HE COMES BEFORE THE COURTS ASKING FOR PROTECTION OF HIS INTEREST.+

/AS TO