Sherry-Ann McGregor, Contributor
McGREGOR
MANY JAMAICAN men like to assert their position as heads of their households ... but, if you bear the name, you must play the game ...
Under the Maintenance Act, a husband is liable to maintain his wife irrespective of whether she is capable of maintaining herself or not, and a maintenance order may remain in effect for as long as a Resident Magistrate may direct. However, the order may be discharged if there is proof that the wife has committed adultery since the making of the order.
A husband may actually avoid liability to maintain his wife if she committed adultery (and he did not condone it); or if she wilfully and without just cause deserted him.
Where a husband fails to maintain his wife, she may cause a summons to be issued for him to appear before the Resident Magistrate's Court in the parish in which she lives (or the Family Court if there is one) by making a complaint to the Resident Magistrate, a Clerk or Deputy Clerk of the Court or a Justice of the Peace. The Resident Magistrate may determine his means and ability to pay and make a maintenance order for him to pay some periodic sum. If he is served with the summons, but fails to attend Court, a maintenance order may be made in his absence if a wife files an Affidavit to prove that he was served.
The failure to obey a maintenance order may have serious consequences for a husband:
His goods may be seized and sold.
He may be imprisoned for up to three months if he neglects or refuses to pay without reasonable cause.
His pension or income may be attached.
The law labels a man a "rogue and vagabond" if he;
is able to maintain himself, his wife and children but refuses or neglects to do so; or
has abandoned his wife and children and they are left destitute; or
has removed from his usual place of abode thereby evading compliance with a maintenance order.
If such a rogue and vagabond is found guilty of abandonment or neglect to maintain his wife or children, he may be ordered to pay maintenance and/or imprisoned for up to 30 days.
If he is a repeat offender he may be ordered to pay maintenance and/or imprisoned for up to three months.
You will note that the statute makes no reference to a common law spouse, and there is no corresponding obligation for a wife to maintain her husband.
Sherry-Ann McGregor is an attorney-at-law and mediator.
Email may be sent to lawsofeve@yahoo.com
