The legal obligations of child maintenance

| 18/10/2017

What is the Cayman law regarding child support for parents that have separated?

Auntie’s answer: Your question is pretty general, leaving your situation unclear. It would have helped to know if the child support is being contested between the parents and if the couple is married. However, I think I will be able to point you in the right direction to find what you are looking for.

Information on child maintenance can be found on the Judicial Administration website, which basically talks you through the whole process of applying for child and spouse maintenance. If you are unmarried, the procedure is dictated by the Affiliation Law; if married, then the Maintenance Law applies.

Both of these laws are for situations where one parent is not providing maintenance. Either way, the first step in the application process is to ring the Court Office (244-3826 or 949-4296) and ask for the Affiliation and Maintenance Officer.

You will have to come in to be interviewed and be asked to supply any necessary documents. The various steps in the process can culminate in a magistrate issuing an order for the payment of child maintenance.

The Family Resource Centre also has a page on its website containing information on applying for maintenance.

However, if you are getting divorced, then an application for maintenance must be made in the Grand Court during divorce proceedings.

Again, I do not know if your issue is that one parent is refusing to pay child support or if you simply want to understand the mechanism of arranging for maintenance, but I believe the information contained in the two websites I reference should provide a good starting point.

I also recommend that if you are unsure about how to proceed you seek legal advice.


Category: Ask Auntie, Legal Questions

Comments (6)

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  1. Anonymous says:

    Why does the government not enforce the maintenance law?

    • Anonymous says:

      Same reason it doesn’t enforce many laws, interests within interests…

  2. Anonymous says:

    The moral obligation is to not have children you can’t afford. Follow that and you won’t need to worry about maintenance.

    • Anonymous says:

      Thank you!

    • Anonymous says:

      How stupid. Circumstances change when partners/spouses separate/die. If people lived thinking that their partner could die or something would happen in their relationship then they wouldn’t have relationships at all. Eventually, the world’s population would die off if we followed your line of thinking.

  3. West bay Premier says:

    If Auntie answer don’t work , always remember that when the Defense and the Prosecution interviews you , you can give them both the answers they don’t want to hear from you , and non of them would want to keep you on . That’s how Jury selection is made . One of the two or both would want you to be there to help them win their case .