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Support Obligations - Introduction

The document discusses maintenance (also known as alimony or spousal/child support), which refers to the legal obligation of a spouse to financially support the other spouse and/or their children. It explores the biological, historical, and legal origins of maintenance laws from sources like the Code of Hammurabi to modern statutes. Key topics covered include who is obligated to provide support, who is entitled to receive it, what constitutes financial support, jurisdictional issues, and debates around reciprocal duties between spouses and other forms of support.

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37 views12 pages

Support Obligations - Introduction

The document discusses maintenance (also known as alimony or spousal/child support), which refers to the legal obligation of a spouse to financially support the other spouse and/or their children. It explores the biological, historical, and legal origins of maintenance laws from sources like the Code of Hammurabi to modern statutes. Key topics covered include who is obligated to provide support, who is entitled to receive it, what constitutes financial support, jurisdictional issues, and debates around reciprocal duties between spouses and other forms of support.

Uploaded by

OE UKTPS
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Support Obligations

(Maintenance)
When broaching a new subject, the 5Ws+H is a good place to start

• What is Maintenance?

• Who should maintain/be


maintained?

• Why is there such a duty?

• Where is it derived from?

• When does the duty arise?

• How does the law enforce it?


Introduction
• Maintenance in family law refers to the legal obligation of a spouse
to support the other spouse and/or their offspring.
• It can also include the reciprocal obligation of children to support their
parents

• Alimony, aliment, spousal/child support etc. in different


jurisdictions

‘Alimony’ comes from the Latin word Etymological


‘alimonia’ meaning ‘nourishment’ origins
The Biological/Historical Origins of Support
Obligations
An Evolutionary
Imperative
• Evolutionary Biology?

A Social Need

• The Code of Hammurabi


(c.1750 BC)
A Legal Solution

137. If a man wish to separate from a woman who has borne him children, or from his wife who has borne
him children: then he shall give that wife her dowry, and a part of the usufruct of field, garden, and
property, so that she can rear her children. When she has brought up her children, a portion of all that is
given to the children, equal as that of one son, shall be given to her. She may then marry the man of her
heart.
The Ecclesiastical Courts of England and the
Evolution of Maintenance Law
• Marriage was initially considered an
indissoluble sacrament
• Therefore, maintenance orders involved
illegitimate children and unmarried
couples -e.g. The ‘Old Poor Laws’
• Divorce then became a ‘privilege of the
aristocracy’
• The concept of permanent alimony which
was later introduced is based on the Catherine of Aragon
religious premise that the marital bond
cannot be completely severed by a court.
• No reciprocal duty of support between
English Common
Roman Dutch Law Statutory Law
Law

Maintenance Law

Kandyan Law Thesawalamai Muslim Law


Relevant Statutes
• Maintenance Ordinance No. 19 of 1889

• Maintenance Act No. 37 of 1999

• Matrimonial Rights and Inheritance (Jaffna) Ordinance No. 01 of 1911

• Muslim Marriage and Divorce Act No. 13 of 1951

• Protection of Elders’ Rights Act No. 19 of 2000

• Civil Procedure Code


Gender pronouns=
The Nature of ‘Support’ Expected recognition/respect?

• Financial Support- How is it measured? Should the law compel


other forms of support?
• Property- Residence
• Other Basic Necessities- Food,
clothing, medical care
Reciprocal duty of spouses:
Who Has the Obligation to Support?Consider MacKinnon’s feminist view
of how this ‘equality’ was achieved
Who Should be Supported?
1. Spouses

2. Children

3. Adult Offspring

4. Elders
Which Court Has Jurisdiction?
Food for Thought…

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