DOMESTIC RELATIONSHIPS ACT 1994 (NO. 28 OF 1994) - SECT 19 Maintenance orders

DOMESTIC RELATIONSHIPS ACT 1994 (NO. 28 OF 1994) - SECT 19

19. (1) On an application by a party to a domestic relationship, a court may order the other party to the relationship to pay an amount, or periodic amounts, by way of maintenance to the applicant if it is satisfied that—

        (a)     the applicant is unable to support himself or herself adequately because of having the care and control of a child of the parties, or a child of the other party, who, on the day on which the application is made, has not attained the age of—

              (i)     12 years; or

              (ii)     if the child has a physical or mental disability—16 years; or

        (b)     the applicant is unable to support himself or herself adequately because the applicant's earning capacity has been adversely affected by the circumstances of the relationship and the court is satisfied that—

              (i)     an order for maintenance would increase the applicant's earning capacity by enabling the applicant to undertake a course or program of training or education; and

              (ii)     it is reasonable to make the order, having regard to all the circumstances of the case.

(2) In exercising a power under subsection (1), a court shall have regard to—

        (a)     the income, property and financial resources of each party;

        (b)     the physical and mental capacity of each party for appropriate gainful employment;

        (c)     the financial needs and obligations of each party;

        (d)     the responsibilities of either party to support any other person;

        (e)     the terms of any order made or proposed to be made under section 15 with respect to the property of either or both of the parties; and

        (f)     any payments made to the applicant, pursuant to an order of a court or otherwise, in respect of the maintenance of a child or children.

(3) In making an order for maintenance, a court shall ensure that the terms of the order will, as far as practicable, preserve any entitlement of the applicant to a pension, allowance or benefit.