Arrest for non-payment of child support explained

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Arrest for non-payment of child support explained

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Central Police Station Inspector Gibson Chitolie has described the increase in non-payment of child support as a ‘sad story’, explaining that there are many fathers who are dragged to the court daily.

Chitolie who made an appearance on Police Insight on MBC Television on Monday evening said that mothers have every right to take their child’s father to court because they need to support their children.

However, Chitolie said a situation may develop where a father is in and out of prison for child support for failure to honour his obligations, and this has happened in many cases because men often cannot afford it.

In explaining the procedure, Chitole said a commitment warrant is usually issued when fathers are taken into custody for non-payment of child support and the police allow them sometime to obtain the money.

In cases where the fathers cannot obtain the money, they are usually taken to prison.

But according to the inspector there are two types of maintenance warrants – the maintenance warrant and the maintenance commitment warrant, and there are clear differences between the two.

A person does not automatically go to prison with a maintenance warrant. Instead, they are taken to the Family Court and a payment plan will be organised for them.

If a delinquent father is arrested again, he is not taken to prison right away but back to the court where he will be ordered to honor his payments within a stipulated period that is deemed reasonable.

This is referred to as commitment warrant: the respondent is given time to pay the outstanding balance.

This is separate from the monthly child support due to the mother of the child.

Again, if the father fails to pay, a maintenance warrant will be issued for him to be arrested. The police would also show some compassion before they are finally taken to prison.

Chitole said these cases are increasing and although it may seem that police officers favour these fathers, in most cases, these said officers only show compassion and allow the fathers an extended period to pay.

If this is not allowed then many mothers would not receive child support, because there are many cases where fathers borrow the money from relatives until they can find a job to repay.

(20)(0)

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20 COMMENTS

  1. The police officers are not always as compassionate as this article would have us believe. My brother had to pay child support. He did that dutifully, then stopped and gave the mother money instead (biiiggg mistake). He was not making a lot of money either. Mother went to court saying my brother hadn't paid in years. Police arrested him, had to take a loan to pay off the mother to avoid staying in jail. Should have kept paying as was ordered. The whole ordeal made a law abiding citizen into a criminal. Not all fathers are scoundrels. Some of these mothers don't work, have multiple children and use the courts to not only support the children (which is necessary) but to also support them and their lifestyle.

    (4)(0)

    • Stop breeding jailbirds. If not the law will make a jailbird first. What a good law. That is very good law.

      If you breed it but cannot feed it, go to goal. That is easy to understand.

      Nice. The breed and feed or go to jail law. The very best way to stop another crop of criminals even before they are ever born. Put your evil seed in a plastic sack. Those are cheaper, plus much safer than goal time.

      (0)(0)

  2. Turn off your sperm bank or go to jail. Quite simple. If you cannot afford children don't just squirt them out. Plan well ahead for them. The crime rate is too high already. Just don't add to it. Be part of the solution and not part of the problem. There were no manufacturers of condoms when the bible was written. That is why it is not mentioned as such anywhere in there. If it is not mentioned then the it is not verboten.

    (4)(0)

    • (Turn off your sperm bank or go to jail. Quite simple).

      You Can rejoice now .It is some of those that goes to jail for none sense that you have to be concern about .You have to cross paths with them one day after they have become monsters in jail. Hope you are prepared for that journey when you do cross their paths. Hope You have your life well figured out so when you get cancer ,or some deadly disease you do not,go on radio ,TV, or on the road side begging the same people or their children, that you were happy that they close their sperm bank or go to jail, for donations. Insensitive, hope your life remain as perfect as you planned it .Self Righteous ,Pharisees.Who would stone a woman caught in adultery like she can commit adultery by her self , but when the savior,bent down to right their sin on the ground ,lift up his head and said where are thy accusers none were present because their sins had been exposed ,he said neither do I condemn you go and sin no more. Hope we know and understand that like is never perfect. And those who rejoice in the plight of others I WISH THEM WELL..

      (0)(0)

  3. My Story , Family Court and Child maintenance.

    I was in a relationship that was working anymore, and it was not due to unfaithfulness, so we went our separate ways. I thought I had an easy road ahead since there was no infidelity involve I was so, wrong as you know separation can bring the best and the worst in us .As a result I have been to hell and back. I thought by separating we had solve a problem that was not solvable being together .I was having an uphill battle to get to spend quality and quantity time with my children. I decided to educate myself by visiting a counselor at the Human services Department for advised in that regards. The other party was called in and we came to an agreement that time should be allotted to me to spend time with my children, and as of the maintenance and contribution I agreed make payments, that is not below what the law required, along with that I would contribute towards school, medical and basic necessities such as food and clothing I kept all my records knowing that one day it will be what might save me the embarrassment commonly associated with men about not taking care of their child /children even if they are trying to and indeed I am right .I am not looking for excuses for some of us men who do not at least try to even if you are going through an economic challenge. I would plant vegetables and provision to give to my children to add on my monthly payment it might look insignificant but if you put a dollar value it adds up significantly compared to going by the market to purchase it.

    There comes my unlucky day I was in an accident at work and was out of work for more than a month and was not able to go down to human service to make that monthly payment as yet but when I returned to work I had a summon delivered to me from the Family Court. Indicating to me that I had not taking care of my children and I should attend Court at a specific date. I went to Human Services to request a report of the history of my payments and contributions towards my children on a monthly basis for many years ,I was told that I would need a request from the Court so they can provide me with that information, so I am being put at a disadvantage to defend myself at Court because their records would prove otherwise. The Human services refused to get me the information requested, so what I did was to go with all my bills to Court . To make a long story short The Magistrate never thought that I would be so well prepared for Court as many of us men do not keep records and receipts and never took into consideration that before my children came to this earth to the date of Court that I have been taking care of my children and I have all the records to prove it including photographs because I keep records from birth until this day .

    This was an embarrassing situation at Court and I felt very sad for being there due to mischief on the party’s side and her case was she wants to know that the next time I fall sick that provision is made to take care of my Children and wants payments made through the Courts instead of Human service .The Magistrate switch the case on the month that I was sick and was not able to make the payment telling me if I do not have a saving and could not make the payment while I was on sick leave .I indicated to the Magistrate that I have taken care of my children well above and beyond what the law requires and have every intention to make my monthly contributions. The magistrate was not even sympathetic that I was in an accident at work did not know the extent of my injuries or the expenses associated with my injuries .

    I work for less than $700 a fortnight and almost half of my salary goes towards my children ,The Magistrate said that I will pay what the law requires never took in consideration my monthly expenses. But I had no problem with that because I was already contributing more than that towards my children. Now that I am unemployed I am making my monthly contributions out of my saving until it is depleted if I do not get another job before that happens hopefully I will go to jail on the hillside by Dennery .

    In reality men is at a serious disadvantage when it comes when it comes to family Court the system is design to rule in the favor of the women you are not even allowed to plead or ague your case. It is a gross misrepresentation of justice when it comes to having children if you are not married the mother has full rights over the child the man has very little rights and has to negotiate his way in maintaining a relationship with his child/children he basically has to bend backwards to maintain the peace if the mother decides to make life difficult for you even when the Court is aware of the challenges. At Court the magistrate watch how you dress and what you wear to make a ruling on an unemployed person. Not even taking in consideration that what you are wearing might just be a donation from a family member to attend Court .The voices of more men should be heard.

    (11)(0)

  4. There is something sick in St.Lucians that encourages us to pray for misfortune to befall others. So I will not dream of asking the "average" St.Lucian to feel sympathy for "delinquent" fathers. But I could appeal to our leaders, educated and "right thinking" people to contemplate putting an end to this "madness" of jailing delinquent fathers.

    The origin of this law is not in a method for finding ingenious ways to imprison men. The origin of this law was to find ways to encourage or force men to pay for their children's upkeep. Unfortunately women have embraced this law as leverage over men. Some men are well intended and others are downright scoundrels. I sometimes wonder if government were to agree to take financial care of all "non fathered supported" children whether it would be pleasing to the women who enjoy 'running down" their ex-lovers for child support.

    Imprisonment as a deterrent for child neglect may have been the best solution that our leaders could have thought of at the time. Over 30 years have gone since and I think it's time to get a new "workable" solution. I charge all those brilliant minds (Masters, PHD's, MD's, LLB's, LLM's) to stay up at nights to find a solution that gets children maintained and keeps men out of that vile institution that is called prison.

    No one benefits when in the final analysis the irresponsible father has to go to prison. Not the child, not the state, not the "father" and not even the "avenging" mothers who sometimes are happier to see the man stuck in prison rather than being capable of taking care of his child.

    And just for the record, I take care of my children and don't think much of men who don't. I cannot fathom how a man cannot love his children enough to ensure they get the best life possible. But I don't believe in "ridiculous solutions"; and in 2016 jailing men for improper financial upkeep of their children is primitive, barbaric.

    (12)(3)

  5. My ex,the mother of my two children, refused to have them, I won custody she was told to pay towards them as she has a regular job, some women are just as bad, I think it is a wrong for a woman or man to turn their back on their kids. If only we could all get on and work these things out instead of arguing which just causes distress to the children. I am pleased to see there is a chance for those that cannot afford the payments to be able to try instead of being incarcerated immediately without question.

    (11)(0)

  6. I am a WOMAN . I THINK IT IS TIME FOR MEN TO START DEMANDING TEST TO SEE IF THESE CHILDREN ARE THEIR CHILDREN . CAN you remember the Nashville palace the amount of women who got pregnant . Are these children really their personal man child .
    Oh these Mothers and Fathers Group .Mother and father in love ,but not with the person they have at home .

    St lucia it is a sad situation . So many unwanted children . These Nashville baby .
    Back in the days ,you hear them boast about it .

    (10)(4)

  7. Bravo Mr Officer thinking of taking my chid father to child support ,a man in society who is responsible for children and neglecting his son

    (32)(0)

  8. I agree, a man or women should pay child support to the prrson eho is maintaining a child. However what I do not agree with is a judgement being made against an unemployed person who is unable to get a job and is getting handouts from other persons. How is it posdible to pay? Where are they to get the miney from? You are sending them yo commit crime to pay?

    I have first hand exerience of the above as someone close to me is in this position. The man used to work, look after his kids and built a house for his then girlfriend and his kids to live as a family. As soon as he was layed off work the woman and her brother kicked him out of the house. The poor man slept under a bus shelter and was rescued by a visitor to St Lucia who took the man to his mother's house where he still lives. How does the judge/government who makes these rules and regulation expect an elderly person to be paying child support on behalf of the man to keep him out of jail because he cannot get s job to pay child support? That is so wrong.

    (10)(4)

  9. Why so much compassion for the fathers,what about the child. If a mother csn go without, so her children can eat and go to school, the father can do the same. I know some men is trying their best, but there are others, if they not sleeping with the mother; they don't want to pay. I take it ftom my uncle, refusing to pay child support because his ex had a boyfriend and wasn't sleeping with him

    (21)(4)

  10. To all the fathers out there that is paying you'll dues and taking care of you'll kids buying them clothes,shoes,food etc make sure you'll keep all you'll receipts in a safe place cause that can save you guys in the future...

    (17)(9)

  11. mr officer. i hear mothers can prevent father from seeing child if she choose yet she can still take him to court for money. is that true?

    (9)(7)

      • it is wrong but there are vindictive women and it happens. and the laws here allows it too happen. fathers have no rights in this country. look it up.

        (3)(0)

  12. So if he have no job, and you send them to jail how will they pay, work in jail? ....you don't want that American system in St lucia..you have a Job it's different, pay your lolotax

    (4)(3)

    • If you cannot afford to feed the squirts of your sperm wear a condom. It is that simple. What is so hard about that to understand. Stop being a ram goat. Besides, there are STDs to take care of when you go naked. Stop counting heads and boasting to your friends about it. I agree. Put these village rams in prison. Condoms are a cheaper option.

      (88)(6)

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