the university of the west indies cave hill campus course

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The University of the West Indies Cave Hill Campus

Course Director: Nailah Robinson

LAW 1231 - Legal Methods Research and Writing I

2019 - 2020 Semester I

Assignment 2: Child Maintenance

Introduction

This assignment is based on sections 51-54(2) of the Family Law Act Cap 214 of the Laws of

Barbados. The purpose of the assignment is to test your ability to 1) research law, 2) apply

principles of law to a fact scenario, and 3) integrate policy considerations in legal arguments.

You are encouraged to conduct your own research to assist you in understanding the concept

of child maintenance. I am uploading some cases that might be of assistance. Note that the

cases are based on legislation which differs from the Barbados Family Law Act.

Formal Requirements

Assignments must be submitted by Sunday, November 17, 2019 at 5 pm. You may submit via E-

Learning or by email to [email protected].

Failure to appropriately reference your assignment may amount to plagiarism. I reserve the

right to submit any assignment to Turnitin to check for plagiarism.

Your assignment must include the attached cover page. Please fill in your ID number to signify

your agreement with the statement. Do not use your name or initials.

The LMRWI Standard Grading rubric will be used in calculating your grade. This is available on E-

Learning and via http://www.nailahrobinson.com/LegalMethods/LMRW1%20Revised%20Grading%20Rubrics.pdf

mailto:[email protected]

http://www.nailahrobinson.com/LegalMethods/LMRW1%20Revised%20Grading%20Rubrics.pdf

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Cover Page

TITLE OF ASSIGNMENT: Assignment 2

COURSE CODE: LAW1231

COURSE TITLE: Legal Methods Research & Writing

By submitting this declaration, you are confirming that the work you are submitting is original

and does not contain any plagiarised material.

I confirm that this assignment is my own work, and that the work of other persons has been

fully acknowledged.

STUDENT ID:

DATE:

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Questions

1. Read the attached Financial Statements for Sylvia and Sylvester Mongoose who have

recently separated. Sylvia’s Affidavit is also included. They have one child, Sylvan, who is 5

years old. Write written submissions on behalf of Sylvia who is requesting that Sylvester pay

$700 per month in maintenance.

A template is provided for your use. Note that you do not have to repeat all of the facts in

the “Facts” section – just give a brief background to the case. On the other hand, you are

free to use any of the information from the Affidavit and Financial Statements in your

“Application” section. Assume that all of the facts and figures stated are true.

[32 marks]

2. Looking at the following chart, calculate how much maintenance Sylvester would have to

pay if the parties lived in the State of New York. [1 mark]

# Children % Salary

1 17%

2 25%

3 29%

4 31%

5+ at least 35%

Maintenance Calculator, New York

3. Use the attached brochure and table to calculate how much maintenance Sylvester would

have to pay if the parties lived in Quebec. Assume “Child Care Expenses” are $80 per week.

[1 mark]

4. Critically discuss the law governing child maintenance in your jurisdiction. [16 marks]

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Family Law Act of Barbados Cap 214 s 51 – 54(2)

Maintenance of children.

51. The parties to a marriage, or union other than a marriage, are liable, according to their

respective financial resources, to maintain the children of the marriage or of the union who are

unmarried and have not attained the age of 18 years.

Powers of the court in maintenance proceedings.

52. In proceedings with respect to the maintenance of a party to a marriage or union, or of a

child of a marriage, or of a union, the court may make such orders as it thinks fit for the

provision of maintenance in accordance with this Part.

Matters to be taken into consideration in proceedings with respect to maintenance.

53. (1) In determining the amount of maintenance, if any, under section 52, the court shall take

into account only the matters set out in subsection (2).

(2) The matters to be taken into account for the purposes of this section are as follows:

(a) the age and state of health of each of the parties;

(b) the income, property and financial resources of each of the parties and the physical

and mental capacity of each of them for appropriate gainful employment;

(c) whether either party has the care or control of a child of the marriage or union other

than a marriage, who has not attained the age of 18 years;

(d) the financial needs and obligations of each of the parties;

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

(f) the eligibility of either party for a pension, allowance, or benefit under any Act or

rule, or under any superannuation fund or scheme, or the rate of any such

pension, allowance, or benefit being paid to either party;

(g) where the parties have separated or the marriage has been dissolved, a standard of

living that in all the circumstances is reasonable;

(h) the extent to which the payment of maintenance to the party whose maintenance is

under consideration would increase the earning capacity of that party by

enabling that party to undertake a course of education or training or to establish

himself or herself in a business or otherwise to obtain an adequate income;

(i) the extent to which the party whose maintenance is under consideration has

contributed to the income, earning capacity, property and financial resources of

the other

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(j) the duration of the marriage or union other than a marriage, and the extent to which

it has affected the earning capacity of the party whose maintenance is under

consideration:

(k) the need to protect the position of a woman who wishes only to continue her role as

a wife and mother;

(l) if the party whose maintenance is under consideration is cohabiting with another

person, the financial circumstances relating to the cohabitation;

(m) the terms of any order made or proposed to be made under section 57 in relation to

the property of the parties; and

(n) any fact or circumstance that, in the opinion of the court. The justice of the case

requires to be taken into account.

(3) The obligation to maintain the other party to the marriage or union exists without

regard to the conduct of either party, but the court may in determining the amount of

maintenance have regard to a course of conduct that is so unconscionable as to

constitute an obvious and gross repudiation of their relationship.

Maintenance of Children

54. (1) In determining

(a) whether to make an order for the maintenance of a child of a marriage or of a union;

or

(b) the period for which such an order should continue in force or the amount of any

payment to be made under such an order, the court shall take into account, in

addition to the matters set out in section 53(2), the following:

(i) the income, earning capacity, property and other financial resources of the

child,

(ii) the financial needs of the child;

(iii) the manner in which the child is being, and in which the parties to the

marriage or union expected the child to be, educated or trained.

(2) Subject to subsection (3), an order for maintenance

(a) shall not be made where the child has attained the age of 18 years; and

(b) ceases to be in force when the child attains the age of 18 years.

(3) ...

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Drawn & Prepared by

__________________________

M DIGILGENT

Attorney-at-Law

Bridgetown

Tel: 555-5555/Fax: 555-5556

BARBADOS

No. 171016 of 2019

IN THE SUPREME COURT OF JUDICATURE

HIGH COURT (FAMILY DIVISION)

IN THE MARRIAGE OF

SYLVESTER MONGOOSE APPLICANT/HUSBAND

Of #1 Fairytale Avenue

In the parish of Saint Philip in this Island

AND

SYLVIA MONGOOSE RESPONDENT/WIFE

Of #2 Fictitious Road

In the parish of Saint Andrew in this Island

AFFIDAVIT

I, SYLVIA MONGOOSE of #2 Fictitious Road in the parish of Saint Andrew in this Island MAKE OATH and

SAY:

1. I am the Respondent/Wife herein. I make this Affidavit in support of my Application for

Maintenance for the minor SYLVAN MONGOOSE who was born on the 5th day of June, 2014. I

ask that the Applicant/Husband pay $700 per month until such time as Sylvan completes his full-

time tertiary education.

2. Sylvester and I were married on October 1, 2000. We separated two months ago. Neither of us

has any other children beside the minor child of the marriage.

3. Sylvan is currently enrolled at the Midvale Primary School (a public school). Sylvan takes lunch to

school and I prepare his breakfast and dinner. I have to take the bus to drop him to school, and

then take another bus to go to work. Returning home is the same. During the school term, he

can travel free in school uniform on the Transport Board buses, but they are few and far

between in our neighbourhood. This means that I normally use minibuses where I have to pay

$2.50 for him and $3.50 for myself. In the summer, I have to pay his full fare ($3.50) on all buses

to take him to and from camp and other activities.

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4. As can be seen from my financial statement, my means are very small. I am presently 45 years of

age and work as a shop assistant. I have been at my current position for ten years. I pay $600

per month in rent with a further sum for utilities which includes the internet.

5. The Applicant, who is 47, works as a Manager. He seems to travel often. Given his greater

means, I believe that he is able to afford a higher portion of Sylvan’s expenses. I ask that he pay

at least $700 per month along with one-half of Sylvan’s educational and health expenses.

SWORN to by the deponent the said )

SYLVIA MONGOOSE )

at the Registration Office, Bridgetown ) ........................................................

on this day of , 2019 )

Before me:

________________

Legal Assistant

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BARBADOS

No. 171016 of 2019



IN THE MARRIAGE OF




AND




AFFIDAVIT OF RESPONDENT/WIFE

Presented for filing by:

M Diligent

Attorney-at-Law

BRIDGETOWN

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Drawn & Prepared by

__________________________

M DIGILGENT

Attorney-at-Law

Bridgetown

Tel: 555-5555/Fax: 555-5556

BARBADOS

No. 171016 of 2019



IN THE MARRIAGE OF




AND




RESPONDENT’S ADDRESS FOR SERVICE: C/o M. Diligent

Attorney-At-Law

Bridgetown

STATEMENT OF FINANCIAL CIRCUMSTANCES

OF SYLVIA MONGOOSE

PART A

INCOME AND EXPENDITURE

ANNUAL INCOME APPLICANT RESPONDENT

$ $

Salary & wages (including 15,600

commissions bonuses & overtime)

Net Income from business N/A

TOTAL ANNUAL INCOME 15,600

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EXPENSES

National Insurance 1,065

Medical & Dental Expenses 1,060

Rent 7,200

Food & Household Supplies 6,240

Electricity 600

Water Rates 360

Telephone and internet 1,728

Clothing 500

Transportation (bus fare) 5,080

TOTAL ANNUAL EXPENSES 23,833

PART B

ASSETS AND LIABILITIES

PROPERTY

Real Estate (matrimonial home) N/A

Credits in Banks Savings Accounts N/A

Cash on Hand – (chequing account) N/A

LIABILITIES

Mortgage N/A

AFFIDAVIT

I, SYLVIA MONGOOSE of #2 Fictitious Road in the parish of Saint Andrew in this Island MAKE OATH and

SAY:

1. I am the Respondent/Wife herein.

2. The facts and figures set out in this Statement which are within my personal knowledge are

true.

3. All other facts and figures stated in this Statement are true to the best of my knowledge and

belief.

4. Where an estimate is given in this Statement it is based on knowledge and belief and is given in

good faith.

SWORN TO by the deponent the said )

SYLVIA MONGOOSE )___________________________

at the Registration Department )

this day of , 2019 )

Before Me:

..........................................................

Legal Assistant

13

BARBADOS

No. 171016 of 2019



IN THE MARRIAGE OF




AND




STATEMENT OF FINANCIAL CIRCUMSTANCES OF RESPONDENT/WIFE

Presented for Filing by:

M Diligent

Attorney-at-Law for the Respondent/Wife

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Drawn & Prepared by

__________________________

F PERSEVERING

Attorney-at-Law

Bridgetown

Tel: 555-5557/Fax: 555-5558

BARBADOS

No. 171016 of 2019



IN THE MARRIAGE OF




AND




APPLICANT’S ADDRESS FOR SERVICE: C/o F PERSEVERING

Attorney-At-Law

Bridgetown

STATEMENT OF FINANCIAL CIRCUMSTANCES

OF SYLVESTER MONGOOSE

PART A

INCOME AND EXPENDITURE

ANNUAL INCOME APPLICANT RESPONDENT

$ $

Salary & wages (including 48,200

commissions bonuses & overtime)

TOTAL ANNUAL INCOME 48,200

EXPENSES

Income Tax 2,040

National Insurance 3,656

Rent 9,600

Food & Household Supplies 10,400

Electricity 1,440

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Water Rates 462

Gas & Fuel 456

Telephone 1,728

Multichoice TV 1,000

Laundry & Cleaning 500

Clothing 1,000

Car Maintenance running &

Registration & fuel 6,500

Hire Purchase Payments 900

Loan 4,800

Credit Card Payment 960

TOTAL ANNUAL EXPENSES 45,442

PART B

ASSETS AND LIABILITIES

PROPERTY

Real Estate matrimonial home N/A

Other Real Estate N/A

Vehicle 15,000

LIABILITIES

Mortgage N/A

Hire Purchase Fridge 2,400

AFFIDAVIT

I, SYLVESTER MONGOOSE, Supervisor, of #1 Fairytale Avenue, St. Philip MAKE OATH AND SAY as

follows:

1. I am the Applicant/Husband herein.

2. The facts and figures set out in this Statement which are within my personal knowledge are true.

3. All other facts and figures stated in this Statement are true to the best of my knowledge and belief.

4. Where an estimate is given in this Statement it is based on knowledge and belief and is given in

good faith.

SWORN TO by the deponent the said )

SYLVESTER MONGOOSE )___________________________

at the Registration Department )

On of , 2019 )

Before Me:

..........................................................

Legal Assistant

16

BARBADOS

No. 171016 of 2019



IN THE MARRIAGE OF




AND




STATEMENT OF FINANCIAL CIRCUMSTANCES OF APPLICANT/HUSBAND

Presented for Filing by:

F Persevering

Attorney-at-Law for the Respondent

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Drawn & Prepared by

__________________________

M DIGILGENT

Attorney-at-Law

Bridgetown

Tel: 555-5555/Fax: 555-5556

BARBADOS

No. 171016 of 2019



IN THE MARRIAGE OF




AND




WRITTEN SUBMISSIONS ON BEHALF OF THE RESPONDENT/WIFE

Background (Facts)

1. ...

Law

2. ...

The Present Situation (Application)

3. ...

Conclusion

4. ...

I so submit.

_____________________

M. Diligent

Attorney-at-Law for the Respondent/Wife

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BARBADOS

No. 171016 of 2019



IN THE MARRIAGE OF




AND




WRITTEN SUBMISSIONS ON BEHALF OF RESPONDENT/WIFE

Presented for filing by:

M Diligent

Attorney-at-Law

BRIDGETOWN

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Maintenance Calculations in Quebec1

The disposable income of both parents is added together, and the total is transferred to a calculation table called the Basic Parental Contribution Determination Table. Based on this combined income and the number of children they have together, the Table specifies the basic parental contribution to be paid by both parents. The parents are expected to contribute towards the maintenance of the child in the same proportions as their disposable incomes. These contributions are presumed to meet the needs of the children and it is not necessary to prove the children’s needs. The contribution is considered to cover all the expenses for the children concerned, not only the expenses relating to the children’s nine essential needs (food, lodging, communications, housekeeping, personal care, clothing, furniture, transportation and recreation), but also all other expenses such as savings, trips, etc. The Table is based on estimates of how much families at different income levels spend to care for their children. The estimate was produced using Statistics Canada data on the goods and services purchased by Québec families. An analysis was carried out to calculate the impact of the presence of children in a family by comparing the costs of families with children to the costs of families without children. This allowed the average

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https://www.justice.gouv.qc.ca/fileadmin/user_upload/contenu/documents/En__Anglais_/centredoc/publications/couple-famille/modele_brochure2017-a.pdf

expenditure per child in our society to be determined for each family income bracket. As a result, the amounts in the Table show the average amount spent by families to meet all the needs of their children, depending on the household income and the number of children in the family. To calculate the disposable income of each parent, subtract the basic deduction from that parent’s gross income. The basic deduction is the amount needed by a parent to meet his or her main needs before being required to pay child support. This figure is $10,985 in 2017.

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