Jamaica’s House of Representatives has approved a significant amendment to the Maintenance Act, extending financial support for children engaged in education or training beyond the age of 18.
Under the new legislation, courts can now grant maintenance orders for children over 18 who are pursuing education or training, regardless of whether a prior maintenance order was in place. However, this support will not extend beyond the age of 23.
The amendment also permits children who have reached 18, their parents, or guardians to apply for a maintenance order.
Justice Minister Hon. Delroy Chuck, who piloted the bill, explained that the Maintenance Act of 2005 places obligations on spouses to support each other and on parents to support their children. Previously, Section 16(1)(a) of the Act mandated maintenance orders to remain in force until a child turned 18. Section 16(3) allowed applications for extending maintenance if the child was engaged in education or training before turning 18.
“The amendment addresses a gap in the law,” Minister Chuck stated. “If an application for maintenance was not made before a child turned 18, it couldn’t be made afterward, even if the child was still in education or training.”
This gap allowed parents in Jamaica to stop paying maintenance once a child reached 18, even if the child was still in school, leaving no recourse for continued support. The new amendment ensures that children can continue to receive maintenance during their education or training until 23.
Minister Chuck also noted that the amendment to the Maintenance Act necessitates changes to the Children (Guardianship and Custody) Act to maintain consistency. Currently, this Act permits maintenance orders until a child turns 21, but it will now align with the Maintenance Act, extending support until 23.
The approved amendment reflects the government’s commitment to ensuring that children pursuing education or training can receive the necessary financial support beyond the age of majority.
