The Jamaican Senate has approved significant amendments to the Maintenance Act, allowing maintenance orders for children to be extended beyond the age of 18 for education or training purposes.
The revised law, passed on Friday, November 29, permits courts to issue or extend maintenance orders up to a child’s 23rd birthday, regardless of whether an order was previously in place.
The amendments also enable applications for maintenance orders to be filed by children over 18, their parents, or individuals responsible for their care and custody.
Piloting the Bill, Minister of Education, Skills, Youth, and Information, Senator Dr. the Hon. Dana Morris Dixon, highlighted the Government’s commitment to addressing the evolving needs of families. “This Bill reflects the evolving needs of Jamaican families, and we obviously are very much committed to education and training,” she said. “We understand that these are vital pathways for securing brighter futures for youth, and financial support during this critical period is indispensable.”
Previously, the Maintenance Act, 2005, required maintenance orders to cease when a child turned 18 unless an extension was requested before that age. Dr. Morris Dixon explained the challenges this posed:
“This limitation has created inequities and undue hardship for children and custodial parents. There have been cases where children, despite continuing education, are unable to receive maintenance because no prior order was in place before their 18th birthday,” she noted.
The amendments address these issues by allowing courts to extend orders for children enrolled in education or training programs, even if no previous order existed.
To ensure consistency, the changes also impact the Children (Guardianship and Custody) Act, which previously capped maintenance at age 21. This period has now been extended to age 23 to align with the updated Maintenance Act.
“These amendments signal the Government’s commitment to the protection of families, the welfare of children, and the equitable sharing of responsibilities within communities,” Dr. Morris Dixon affirmed.
