Delinquent Parents' Salary To Be Garnished Under New Law

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BVI Platinum News
Senior Magistrate Tamia Richards and Magistrate Ayanna DaBreo Baptiste

(PLTM) - The government has moved to address one of the vexing issues surrounding child support, with intentions of introducing a law that will see delinquent parents’ wages being garnished by the court. During the Speech from the Throne today, September 22, Governor John Duncan said that the government during this session will be introducing various legislation geared towards the care and protection of children, including justice for children who come into contact with the law. He mentioned that a new Child Maintenance and Access Bill has been drafted to address the financial and other support services necessary to provide for the needs and upbringing of a child. "The new law will allow the courts to order that funds for the maintenance of a child be taken from the earnings of a person in accordance with the terms of the maintenance order," he said. "The law would also make provisions for the court to deal with the issues of access to a child with an application for maintenance being heard, and vice versa," Governor Duncan explained. The matter of child support has been an issue facing the society for many years. Last year, the court collected $1.4M in child support. Further, there were some changes by the Magistrate's Court where effective December 1, 2015, the applicant took responsibility to serve documents for child maintenance. This means that the court would no longer experience a backlog of matters and they no longer have to be adjourned because of non-serving of documents by police officers. In terms of collection, although the court strives to collect the monies, it was explained that there are some individuals who do not pay regularly and are given a plan to pay arrears if they are found delinquent. However, if individuals continue to default on payment, a warrant for arrest could be issued. It has been explained that although some individuals would serve time in prison, on release from prison, they would still not pay and given that the magistracy has no power over garnishing of wages, there is no other recourse to address those persons.

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