Child Support remains a contentious issue for both sexes
By VonDez Phipps
Reporter-SKNVibes.com
BASSETERRE, St. Kitts – From the advent of the single family in the region, there has been a long-standing controversy in relation to the payment of child support: who should pay; why should it be paid and the most prominent, how much should be paid. SKNVibes attempted to address the issue as it has been observed that many fathers in particular overlook their responsibilities to their child/children especially in relation to financial support.
President of the Young Fathers’ Association Travis Douglas explained that in cases of child support, money is not the “real issue” as he added that many fathers give money and do not play an active role in the life of the child.
“Most times, these problems arise when the relationship between the parents has deteriorated into an antagonistic battle which causes much tension. Sometimes fathers are denied the opportunity to spend time with their children because of the conflict between the parents, not recognizing that the child is being greatly affected. Even in the court system, the decision should not be one where the mother wins or the father wins; it should be a decision where the child benefits.
“I think if fathers were allowed a fair chance to spend quality time with their children, they would be willing to give more than just the required amount of money. While it is true that there are some fathers who show very little interest in their children’s wellbeing, there are many fathers who are willing to play a more active role but are discouraged by the confusion that is brought about by the mother of the child. Maybe counselling for both parents would help them to recognize that having a good relationship just for the sake of the child is very important,” Douglas said.
SKNVibes contacted Naren Maynard of the St. Kitts-Nevis Social Services who informed, “Paying child support is not necessarily the significant factor because the average EC $75 [per week] cannot even meet most of the needs of a child. The father should be interacting with the child and playing a significant role in the holistic development of the child/children. ~~Adz:Right~~
“Fathers in St. Kitts-Nevis do not do enough! Some of them believe that if they can simply pay the minimal financial support without spending time with the children, they would be helping out greatly. In fact, many times parents come to this office to beg for the father to have a more serious role in the life of the child. The focus is not necessarily financial support but is the overall support that the father should give to his child.”
Maynard also explained that once a court order for child support is issued and the father flees the country, Social Services in that country can be contacted and as long as that man is legally residing and working there, he could be ordered to remit the child support.
In an exclusive interview with SKNVibes, prominent attorney Karlweis Liburd, who frequently provides legal counsel in child support cases, explained that there are restrictions for fathers who may leave the island refusing to pay child support. He indicated that there must be a court order in place which would stipulate how much the father should be paying per week, adding however, that “if there is no court order and the father leaves the island, the mother is powerless”.
“With child support, the magistrates consider two main issues: the father’s means and the child/children’s needs. The magistrate would have to do a balancing act between both, because it is not a fixed amount for the support. They usually do not order you more than you can pay and so they consider the father’s salary scale, number of children and his bills and commitments, and then assess how much the child/children should be able to receive. The average usually falls between EC $50-80 per week, but there is no bottom or top standard as every case is different.
“The Magistrate Code of Procedure Act Chapter 46 protects the mother of the child. Only women can have such a charge against a man and this has been the Law for many years now. In fact, only a married man can charge the mother of his child/children for child support. I understand that there is an amendment coming soon to accommodate the father.
“Now, many fathers are ordered to court and do not show up but the court has the power to try the case in his absence and obviously, the magistrate will issue a court order based on the mother’s side of the story. So, it is always in the best interest of the father to go to court and give his side of the story.”
Liburd indicated that in any case of an increase in the salary of the father, the mother of the child/children can return to court and ask for an increase in the child support payment. Conversely, if there is a decrease in the salary of the father or if he loses one of his jobs, then he can return to the court and ask for the amount to be reduced.
Vincia Merritt, an experienced Social Services employee said for those men who fail to pay court ordered child maintenance, the woman can take the issue back to court and the man may be jailed.
“I have seen men jailed for as little as one week and as much as two months for non-payment of child support. Contention remains over the fact that once the man serves his jail time, the money owed is ‘written off’ and he owes the child nothing for whatever period he failed to pay. Unfortunately I’ve seen many men who prefer to go to jail rather than pay child support.”
