MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

 

Application in Jamaica of Orders made Abroad

   3   Registration of maintenance orders made abroad

   4   Confirmation of provisional orders made abroad

   5   Court for registration or confirmation of orders made abroad

   6   Foreign language

   7   Enforcement of orders registered or confirmation

   8   Payer to notify Court of change of address

   9   Conversion to Jamaican currency

   10   Variation or revocation of maintenance orders made aboard and registered or confirmation in Jamaica

   11   Transmission of documents where payer ceases to reside in Jamaica

 

Application Abroad of Orders made in Jamaica

   12   Transmission of maintenance orders made in Jamaica

   13   Provisional order by court in Jamaica against person residing abroad

   14   Variation and revocation of maintenance orders made by court in Jamaica

   15   Variation and revocation of maintenance order made in Jamaica by Court abroad

   16   Revocation of provincial order made by court in Jamaica before confirmation

 

General

   17   Effective date of variation or revocation

   18   Admissibility of evidence

   19   Appeals

   20   Designation of reciprocating countries

   21   Regulations

   22   Savings

      SCHEDULE

 

THE MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT

[Date of Commencement: 1st July, 1988]

Act 2 of 1999.

1   Short title

   This Act may be cited as the Maintenance Orders (Facilities for Enforcement) Act.

2   Interpretation

   In this Act-

   "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 information or belief 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;

   "court" includes any tribunal or person having power to make confirm enforce. vary or revoke a maintenance order,

   "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 part of the order which is so limited, that is to say-

   (a)    an order (including an affiliation order or order consequent upon an affiliation 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 affiliation order or order consequent upon an affiliation order, being an order which provides for the payment by a person 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 paragraph (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 obtained by the public body under the law to which it is subject 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 payments under the order;

   "proper officer of the Court" means in the case of the Supreme Court and in the Registrar of the Supreme Court and in the case of a court of summary jurisdiction the Clerk of the Court;

   "provisional order" means an order which has no effect until confirmed by a Court in Jamaica or, as the case may be a Court in a reciprocating state;

   "reciprocating state" means a state declared to be a reciprocating state under section 20;

   "registering Court" means a Court in which an order is registered under this Act.

Application in Jamaica of orders made abroad

3   Registration of maintenance orders made abroad

   (1) Where, before or after the 1st day of July, 1988-

   (a)    a maintenance order has been made against a person by a Court in a reciprocating state; and

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