NEW LAND RIGHTS POLICY BRIEF

The Land Commission delivered the proposed policy to the President on May 21st 2013.

The New Land Policy is Unenforceable

Please note that the validation of the policy does not render the policy enforceable

Policy validation signifies acceptance of the policy to serve as the basis for future legislation

Four Land Rights Categories

• Public Land
• Government Land
• Customary Land
• Private Land

Basic Principles of Land Rights

The government is responsible for administering and managing land within the territory of Liberia in the public interest.

The government recognizes and protects the land rights of communities, groups, families, and individuals who own, use, and manage their land in accordance with customary practices and norms, as equal to Private Land rights.

Public Land and Government Land

Both Public Land and Government Land categories are owned by the government and are distinguishable based on how the land in question is used.

Government land is used for buildings, projects or activities of the Government. The transfer of government land must abide by strict protection procedures and Government land cannot be granted as a concession.

Public land is owned by the Government, and is not owned by a community or individual, and must be managed in the public interest.

Sale or Lease of Government Land

Before leasing or selling public or government land, the Government is required to inform affected people and communities and must provide opportunity for the affected parties to challenge, prevent, or cancel the sale or lease.

Government Acquisition of Land

Government is required to inform affected people and communities before leasing or selling public or government land and must provide opportunity for the affected parties to challenge, prevent, or cancel the sale or lease.

Customary Land

The right to customary land includes rights of the community as a collective land owner and rights of groups, families and individuals.

Customary and Private Land rights are distinct because, while Private land rights are exercised pursuant to formal law, customary land rights are to be exercised pursuant to formal law and customary norms.

Underlying Principles of Customary Land rights:

• equal protection to private land rights,
• local control and decision making at the most local level practical,
• minimal impact on customary and community practices,
• integration of customary practices into the formal legal framework (when such practices do not conflict with the constitution or national land laws),
• Institutionalization of communities who must create a legal identity establishing a fully representative management to manage land.

Sale of Customary Land

The Land Policy gives Customary Land the full bundle of rights – including a right to sell the land – however, given the risk that the community will be harmed through the sale of Customary land, the Policy creates guidelines for its administration.

Customary land may be granted as concessions – though the Government is responsible for managing concessions on Customary Land in the public interest and in a manner that protects the rights of communities.

Formalization of Community Ownership of Customary Land

The Policy provides that Community ownership of Customary Land will be formalized in a deed to a legal entity, bearing the name of the community, that must be fully representative and accountable to all community members, including women, youth, and minorities.

Any decisions regarding management and transfer of the land must be fully representative and accountable to all community members, or the decision will be prohibited.

Customary land rights of groups, families, and individuals will be decided by the community in a way that is representative and accountable.

Management of Customary Land

Management authority over Customary Land will be vested in community members and their representatives. Such representatives must be selected in a way that is representative and accountable to the community. Decisions about the formal transfer of land are barred until the community has self-defined, been issued a deed, and established a legal entity.

Government Pledges Assistance

The government further pledges its assistance in resolving boundary disputes between communities and its assistance in implementing the Land Policy.

AN OVERVIEW OF THE LAW ON DEBT

DEFINITIONS

Debtor: one who owes a debt.

Creditor: A person or entity to whom money or a debt is owed

Judgment debtor: A person who owes money pursuant to a court judgment.

Judgment creditor: A person who is owed money pursuant to a court judgment.

Money Judgment: Court decision directing the payment of a sum of money.

Garnishee: A person who owes money/debt to a judgment debtor. It is also a person that has property in his possession in which the judgment debtor has an interest.

Mortgage: Giving real property as collateral for a loan.

Foreclosure: sale of property (real) that was given as collateral (mortgage) for a loan. Foreclosure in Liberia can either be judicial or non-judicial.

Collateral: Property that someone promises or gives to a creditor to guarantee payment of a debt. If the borrower default (fails to pay) on the loan, the creditor may seize the property and sell it to cover the debt. Collateral can also be called security interest.

Trust: An arrangement under which one person, a trustee, manages property for a beneficiary. The person who creates the trust is called the settlor, trustor, or grantor. There are many kinds of trusts, some created during the settlor’s lifetime and some at death. Trusts are used for, among other things, avoiding probate court proceedings, saving on estate tax, providing quality management of assets, and keeping money out of the hands of improvident beneficiaries.

Homestead: The house in which a family lives, plus any adjoining buildings on that land. Homestead is also a real estate that is not subject to the claims of creditors as long as it is occupied as a home by the head of the household.

Debt is defined as a duty or obligation to pay money, a duty to deliver goods or render services under an agreement. In a less technical sense, debt is any claim for money.

STATUTE OF LIMITATIONS

An action of debt must be started within 7 years if based on a written instrument

An action of debt must be started within 3 years if not based on a written instrument

COURT HAVING JURISDICTION OVER DEBT MATTERS

Magistrate court when the amount is less than $2000, 01 United States Dollars (USD) or the Liberian Dollars (LD) equivalent;

Debt court when the amount is $2000, 01 USD (or the LD Equivalent) or more;

The Commercial Court concurrently with the debt court when the amount of the indebtedness is USD $15,000 or more;

The Probate Court when the amount is $2000, 01 USD (But only where there is no debt court);

The Circuit Court when the amount is $2000, 01 USD (But only where there is no debt court or probate court)

NB: Parties cannot decide which court to use as the law attributes jurisdiction and not parties. Jurisdiction is not conferred by parties but by Law. The decision of a court that does not have jurisdiction is null and void

OTHER FORA FOR DEBT CASE RESOLUTION

If the parties do not want to use the court for the resolution of their debt case, they can also legally use the following means (the list is not exhaustive):

• ADR (especially mediation)-
• Family intervention
• Traditional Leaders’ intervention etc.

ENFORCEMENT OF DEBT JUDGMENTS

When a debt case goes to court and the court rules that the debtor indeed owes the creditor, the judge will enter a money judgment. The money judgment can be enforced in the following manners:

Execution

If the debtor does not have cash money to pay the judgment, the Debt Court will sell some of the properties of the debtor to pay the money owed the creditor. The court sheriff will sell to the highest bidder at a public auction, and neither the sheriff nor his deputy can participate in the sale.

Although the court can sell the debtor’s property to pay the creditor’s money, the law says that there are certain property that cannot be sold.

1. Personal Property

1. a) Tangible property

• Necessary household furniture and utensils to the value of $100;
• The family Bible and family pictures and any books not exceeding in value $50;
• Food necessary for the support of the family for 30 days;
• Clothes to the value of $200;
• Wedding ring;
• Work equipment including those of a mechanic, farm machinery, farm animals and professional instruments, not exceeding in value $500;

1. b) Income exemptions

• 90% of payments to trust established by a person other than the judgment debtor;
• 90% of the earnings of the judgment debtor for his personal services rendered within 60 days or any time after the court’s decision
• Money for the support of a wife or child where either of them is the judgment debtor

1. Real Property

• The homestead of any family comprising one town lot or one acre of farmland upon which the house is located cannot be sold to pay the judgment creditor.
• However, the property must be designated as a homestead through a notice that must be probated and registered.
• Nevertheless if the money borrowed was used to build the house, the debtor cannot hide behind the homestead exemption.

Deferred Payment

A judgment debtor may apply to the court at any time after the case ends for permission to pay the money due in installments. The court shall grant the application if:

• It is satisfied that the judgment debtor has no assets available for immediate payment;
• The debtor makes an initial payment of 25%; and
• The debtor posts a bond to indicate that he will comply with the terms of the installment payments and that he will pay interest on the unpaid balance at the rate of six percent per year.
• If the court agrees, then the judge will ask the judgment debtor to pay the installments as follows:
• On all sums up to $100 2 months
• On all sums from $100-$499.99 4 months
• On all sums from $500-$999.99 6 months
• On all sums of $1000 or more 1 year

IMPRISONMENT

The general principle is that people must not be arrested or imprisoned because they are unable to pay their debt (Sec. 44.1 Civ.PL). However, there are few exceptions to this general rule.

In the following actions:

• Adultery
• Seduction of wife or child
• Illegally taking away or harboring a wife or child or ward under twenty-one years of age;
• Enticing an incompetent away from his legally appointed trustee or guardian; or
• Injury to the reputation when the words spoken or written are actionable per se.

The judgment debtor may be imprisoned if he is unable to pay or refuses to pay the full amount of the judgment together with court costs and interest.

The sheriff will arrest the judgment debtor and the court will order his imprisonment for a period sufficiently long to settle the full amount of the judgment plus interest and court costs at the rate of $25 per month.

ENFORCEMENT THROUGH CONTEMPT PROCEEDINGS

If a judgment debtor fails to pay money that he was ordered to pay by the court he will be held in contempt. If the judgment debtor still has the money to pay, he will be jailed until he pays the money. If he no longer has the money, the court will jail him for a period not more than 6 months. If fine is imposed it must not exceed an amount reasonable to indemnify the complainant for any loss suffered. If there is no loss suffered, the fine must not exceed the amount of $250 which will be paid to the complainant.

Any of the following money judgment may be enforced by contempt proceedings:

• Against a trustee or a person acting in a fiduciary relationship for the payment of a sum of money for a default or dereliction of his duty; or
• For the support of a wife, child, or other dependent

GARNISHMENT

A garnishee is a person who owes money to or has property in his possession in which a judgment debtor has an interest. The court can order someone who owes money to, or has money or property belonging to a judgment debtor, to deliver said money or property to the judgment creditor.

For example an employer may be ordered by the court to set aside portion of the salary of a parent (debtor) who owes support for the benefit of a dependent (creditor). The employer is then required to withhold a certain amount of the parent’s paycheck each month and send it to the court to be paid to the other parent (creditor)

DEBT AS A CRIME

As a matter of principle, debt is a civil matter. But debt can become a crime where the debtor attempts to, or, defraud a secured creditor. In that case we will talk about the crime of defrauding secured creditors (Sec. 15.57 Penal Law)

There are two types of debts: Secured debts and unsecured debts.

Secured debts are debts that are backed by a security interest or collateral. Unsecured debts are not backed by collateral. By inference, under a secured debt, the creditor is a secured creditor; and under the unsecured debt, the creditor is an unsecured creditor

If the debtor who pledged property as collateral for a debt tampers with said property by either destroying, hiding, transferring, selling, or encumbering it, he will be guilty of the crime of defrauding secured creditors

MORTGAGE AND FORECLOSURE

When you take a loan from a bank or from an individual and you want your land to serve as collateral, the law says that you must execute a mortgage; (the money given must be used for the intended purpose).

All mortgages must be probated and registered. However, failure to probate and register a mortgage agreement does not affect the right of the parties to the mortgage.

If you fail to pay the debt the law says that the creditor must give you 60 days to settle the full amount of the debt. If you are still unable to pay, the law says that the creditor can foreclose the mortgage. Meaning that the creditor will sell the property.

There are two ways the creditor can sell the foreclosed property:

1. Through the court (judicial foreclosure)
2. Without the court (Non-judicial foreclosure)

For the creditor (Mortgagee) to sell the property out of court, the provision must be expressly mentioned in the mortgage agreement (it is called power of sale foreclosure).

The mortgagor (debtor) and the mortgagee (creditor) can take part in the auction of the property meaning that they have the right to buy the property.

Where the proceeds of the sale of the property are insufficient to pay the whole debt, the debtor will be liable to pay the outstanding amount. However, where the proceeds of the sale of the property are in excess of the amount of the debt, the surplus will be paid to the debtor

CHATTEL MORTGAGE

Chattel mortgage is the mortgage of personal property. Meaning that it’s giving personal property as collateral for a debt.

To be valid, a chattel mortgage must be probated and registered within 10 days of its execution. However, failure to probate and register the chattel mortgage will still keep it valid as against the mortgagor (i.e. the debtor). In the event the mortgagor/debtor fails to pay the debt, the mortgagee/creditor can foreclose the chattel mortgage through foreclosure proceedings in the court. Meaning that the court will sell the property given as collateral to repay the creditor.

THE NEW JURY LAW: Revisions to Jurisdiction, Criminal Offense Categories, and Jury Selection

In 2013, four laws were passed revising elements of jury selection, criminal offense classifications, and Magisterial Court jurisdiction. While not yet uniformly implemented at the time of writing, the laws are intended to have a variety of effects on the justice system.

Modifications to Criminal Offense Classifications

The law entitled, “An Act to Amend Title 26 of the Liberian Code of Laws Revised, Penal law, Chapter 50 Relating to Sentencing and Related Matters” modified the classifications of criminal offenses. Those offenses previously categorized as Third Degree Felonies were reclassified as First Degree Misdemeanors. First Degree Misdemeanors were reclassified as Second Degree Misdemeanors. Second Degree Misdemeanors were reclassified as the newly created category of Third Degree Misdemeanors. The new hierarchy of offenses and the corresponding punishment available under that offense are as follows:

Level of Offense	Punishment Available
First Degree Felony	Not more than 10 Years Imprisonment (Unless Statute states otherwise)
Second Degree Felony	Not more than 5 Years Imprisonment
First Degree Misdemeanor	Not more than One Year Imprisonment (Changed from three years)
Second Degree Misdemeanor	Not more than 4 months Imprisonment (Newly Created)
Third Degree Misdemeanor	Not more than 30 days Imprisonment

• What is the impact of Reclassifying Levels of Offenses?
  • Changes the appropriate forum to hear certain offenses (Both Civil and Criminal)
  • Changes the levels of penalties for particular offenses
  • Changes the right to Jury Trial for certain offenses
  • Changes the recommended Bail levels – though these were not previously subscribed to
  • Changes the requirement for an indictment for certain offenses

• Impact on Right to Jury Trial

The right to a Jury Trial exists for Felony Offenses only. Jury trials are not available for misdemeanor offenses. This means that offenses previously classified as third degree felonies, and which are now classified as first degree misdemeanors, no longer entitle the accused to a Jury Trial

Modifies the Jurisdiction of Magisterial Courts

The law entitled, “An Act to Amend Chapters 17 of the Liberian Code of Laws Revised, Judiciary Law, Chapter 4 Relating to the Jurisdiction of the Debt Court; Chapter 7 Relating to the Magistrates Court and Related Matters” modified the jurisdiction of Magisterial Courts. Under the new law, Magistrates may hear civil actions for: Recovery of money or chattel of less than $14,999.99; Debt of up to $2,000.01; and Recovery of real property or rent up to $14,999.99. Magistrates may hear criminal actions for: Examinations of persons charged with an offense over which a superior court has jurisdiction alleged to have been committed within magisterial areas – except cases of rape or sexual violence – and extending to contiguous areas without a magistrate or justice of the peace court; and Magistrate Courts also have exclusive original jurisdiction in criminal cases for: Petit Larceny; Misdemeanors of first, second, third degree; as well as violations of vehicle and traffic law, except when there is a traffic court in the area. In regards to Civil Cases, the new law’s effect is as follows:

Type of Civil Case	Under the Old Law	Under the New Law
Recovery of Money or Chattels (property)	$2,000.01	$14,999.99.
Real Property or Rent	$500	$14,999.99
Debt	$2,000.01	$2,000.01

In regards to Criminal Cases, the new law’s effect is as follows:

Under the Old Law	Under the New Law
Petit Larceny (thefts described as a second degree misdemeanor)	First Degree Misdemeanors
	Second Degree Misdemeanors
	Third Degree Misdemeanors

Modifications to the Jury Law

The laws entitled, “An Act to Amend Title 2 of the Liberian Code of Laws Revised, Criminal Procedure Law, and Chapter 20 Relating to the Conduct of the Trial” and “An Act to Amend Title 1 of the Liberian Code of Laws Revised, Civil Procedure Law, Chapter 22 Relating to Juries and Jurors” modify the process for Jury Selection. Under these new laws, an individual is entitled to a trial by jury in criminal matters if charged with a crime other than petit larceny, or first, second, or third degree misdemeanors. In Civil matters, an individual is entitled to trial by jury where the value of the amount in controversy exceeds US$14,999.99 or the Liberian Dollar Equivalent.

Under the new law, juries are selected by the newly created Office of Jury Management (OJM) under the Judiciary. The OJM is responsible for jury selection, organizing the central jury pool, and ordering the number of jurors necessary for the functioning of the Circuit Courts. The OJM is headed by the Jury Manager and each Circuit shall have a local office of Jury Management. The Clerk of Court provides the OJM with the number of jury trials on the docket. The Jury Rolls are prepared by OJM for each Judicial Circuit, with the source of the roles drawn from: Databases of Liberian Institute of Statistics & Geo Information Services, Civil Service Agency, Elections Commission, National Social Security and Welfare Corporation. Jury Manager will randomly select jurors for a year. OJM will prepare jury rolls for each judicial circuit and a competent authority will inquire about jurors to ensure that they have not been disqualified for some reason. The OJM will submit updated jury rolls to local OJM every year for the local OJM to determine if the individuals can be place on a jury list. The local OJM will, at the end of each term of court, prepare a Jury list for the upcoming term, which shall be kept confidential. The OJM will select 42 people from Jury list. The Judge selects 15 to serve as grand jurors. Before a trial, each of the remaining 27 receive a card w/ a number. Cards are randomly drawn, and selected jurors are subject to questions according to the Criminal Procedure Law 22.5 and 22.6 (Jury challenges).

AN OVERVIEW OF THE LAW ON CHILD CUSTODY

CUSTODY OF CHILDREN WHEN PARENTS ARE MARRIED AND MAINTAIN ONE HOUSEHOLD

There is generally no problem about the custody of children when the husband and the wife are living together. A married woman is joint natural guardian with her husband of the minor children of their marriage while they are living together and maintain one household. Each such parent shall be equally charged with their care, nurture, welfare and education.

FATHER PARAMOUNT UPON SEPARATION

When the husband and the wife lives in a state of separation, the father shall be the custodian of the minor children of the marriage as against the claim of any person whomsoever. But if he is unable or morally unfit to perform his parental, legal, moral and natural duties toward his children or for any other reasons he fails or neglects to perform such duties, upon petition to a circuit court for a writ of habeas corpus or other appropriate relief and a showing in the proceedings thereon of such inability, moral unfitness or failure on the part of the father, the minor children of the marriage shall be entrusted to the mother or some other person who is capable of performing such duties.

If the father is dead or absent, the mother shall have custody of the minor children of their marriage unless it is established that she is unable or unfit or failing to perform her duties toward them.

When a minor child of a marriage in which either or both of the parents is or are deceased, is residing in this Republic, a grandparent(s) of such child, who is or are the parents of such deceased parent or parents, may apply to the circuit court for a writ of habeas corpus to have such child brought before the court; and on the return thereof, the court, by order, after due notice to the surviving parent, if any, or any other person or party having the care, custody and control of such child, to be given in such manner as the court shall prescribe, may make such directions as the best interest of the child may require, for visitation right(s) for such grandparent or grandparents in respect to such child.

CUSTODY OF CHILDREN BORN OUT OF WEDLOCK

According to the Domestic Relations Law and various case law authorities, a child born out of wedlock is exclusively presumed to be illegitimate unless such a presumption is rebutted by evidence of legitimization (acknowledgement or adoption) by his/her purported father.

A child born unto a couple not joined by matrimony rites either under the Liberian customary Law, the Religious law or the civil law is considered illegitimate.[1] An illegitimate child belongs exclusively to the mother until legitimized by the purported father. In our Country, marriages are brought about either by the performance of religious rites, civil ceremonies or the payment of dowry under the customary law. All these modes of matrimony are recognized as valid and unless either is performed between man and woman before a child is born to them, such child is illegitimate under the law at birth and, therefore, belongs exclusively to the mother until he/she is legitimized, acknowledged or adopted by the purported father.[2]

If the child’s natural father dies without legitimizing him or her, the surviving mother has the sole right to custody unless it can be proved to the satisfaction of the court that she is morally as well as economically unfit to care for the child.

Notwithstanding, the welfare of the child in most cases controls the determination of the court as to who should take custody of the child. It is even possible that a court might decide to award custody and/or guardianship to a perfect stranger, or to some relative who can sufficiently provide for the needs of the child. (See DRL Section 4.1). The environment need not be luxurious, but one that would afford the child a healthy and moral upbringing, satisfactory for learning and enterprise. All these provisions need not necessarily be luxurious, but basic enough to produce a useful child to society.

The test for the child’s benefit is not only the financial and legal consideration but also the comparative moral educational and social conditions of the party to be awarded the child’s custody. In fact the child’s welfare is the supreme consideration irrespective of the rights and wrongs of its contending parents although the natural rights of the parents are entitled to due consideration.[3]

LEGITIMIZATION OF CHILDREN BORN OUT OF WEDLOCK

There are two ways by which a child born out of wedlock can be legitimized:

1. When the parents subsequently intermarry

In any case where the natural parents of a child born out of wedlock shall lawfully intermarry, such child shall thereby become legitimated and shall become for all purposes the legitimate child of both parents and entitled to all the rights and privileges of legitimacy as if born during the wedlock of the parents.

2. Limited legitimization upon application of natural father

Upon an application made to the probate court by the natural father of a child born out of wedlock, such child may be legitimated with respect to such applicant and shall become for all purposes the legitimate child of such applicant and entitled to all the rights of legitimacy as if born during the lawful wedlock of the applicant

Upon receipt of such an application, the court shall issue a citation to the natural mother of the child who shall be served therewith together with a copy of the petition.

She may serve and file an objection to the proposed legitimization, limited to the sole ground that the applicant is not the natural father of the child.

After the hearing, if an objection has been filed and overruled, or if no objection has been filed, upon the return day of the citation, the court shall order the clerk of court to record the application, its date, the name of the applicant and the name and date of birth of the child, which record shall be admissible as full and sufficient evidence of the legitimacy of the child with respect to the applicant.

The clerk shall also prepare, sign and issue to the applicant a certified copy of such record.

SUPPORT OF ILLEGITIMATE CHILDREN

Under Section 5.3 of the Domestic Relations Law, a father is liable for the support of his child or children under 21 years of age.

But if any such child has been born out of wedlock and if the natural parents have not inter-married thereafter, the liability of the natural father shall not be enforceable unless he has adopted him, or has acknowledged or shall acknowledge before a justice of the peace or notary public and filed with the Registrar of Deeds or he has been legitimated. Or the father has been adjudicated to be the father of such child by a court of appropriate jurisdiction including the court making the determination for support

INHERITANCE OF CHILDREN BORN OUT OF WEDLOCK

It is generally admitted under the Law that children begotten out of lawful marriage cannot inherit from their purported father if the latter did not either acknowledge, adopt or legitimize them before his demise.

There are however few exceptions to this general rule.

The Supreme Court has held that if the siblings who are otherwise considered “legitimate” have recognized and dealt with other siblings who are otherwise considered “illegitimate” to be co-heirs of their deceased parents, then the “legitimate” heirs are barred from subsequently refusing to share with, deal with or recognize those “illegitimate siblings as heir of the deceased.[4]

JURISDICTION OF COURTS OVER CUSTODY AND LEGITIMIZATION PROCEEDINGS

• What Court has jurisdiction over a child legitimization proceedings?

In the case KOLLIE vs. HILTON 22 LLR p.503 (1971), the Supreme Court held that the Probate Court has exclusive original jurisdiction over legitimization proceedings. See also Judiciary Law section 5.2(k) and Domestic Relations Law section 4.92.

Where there is no probate court, the probate division of the circuit court has jurisdiction over legitimization proceedings.

What Court has jurisdiction over Custody of children proceedings?

The circuit court has jurisdiction in proceeding relating to children custody. The request for the custody of a child is also done through a writ of habeas corpus.

The writ of habeas corpus for the production of an adult prisoner is distinguishable from that for the award of custody of minor child; the primary consideration of the former being the relief from the physical restraint of liberty imposed without due process of law while that of the latter is the granting of better available conditions of custody in the best interest of the child and not relief from custody per se since a child must be in the custody of some competent person.

[1] (Dixon vs. Ricks Fleming 32 LLR, P.134 (1984)

[2] Ibid. Also see Maney and Kaymah vs. Money 2 LLR P.618 (1927)

[3] Daniels vs. Daniels 15 LLR (1964)

[4] See KING AND HOUSTON vs. COOPER-HARRIS 40 LLR P.70 (2000); KNOWLDEN vs. JOHNSON et al., 39 LLR P.345 (1998).

AN OVERVIEW OF THE LAW ON SUPPORT OF DEPENDENTS

INTRODUCTION

The Laws on Support, Persistent non-support can be found in the Domestic Relations Law of 1973 , the Penal Law of 1976 (Section 16.5) and several Supreme Court Opinions.

SUPPORT OF DEPENDENTS

The following persons are liable to support the dependents bearing the relationship set in the DRL in each category if possess of sufficient means or able to earn such means:

• Husband liable for the support of his wife.
• Wife liable to support her husband if he is incapable of supporting himself.
• Father liable for the support of his child or children under 21 years of age. If the child is born out of wedlock, the liability will not be enforced unless the father has adopted, legitimized or acknowledged the said child. Or he has been adjudicated by the court as the father or has subsequently married the mother of the child.
• Mother liable for support of her child under 21 years of age when the father of such child is dead, or cannot be found, or is incapable to support such child. In this last case, the court will apportion the cost of the child support between the parents according to their respective means.
• Parents severally liable for support for each son or daughter, twenty-one years of age or older, whenever such son or daughter is unable to maintain himself or herself and is or is likely to become a public charge; the court, in making its determination, may apportion the costs of such support between the parents according to their respective means and responsibilities
• Adult person liable for support of each of his or her parents who is unable to maintain himself or herself and is or is likely to become a public charge and if there is more than one adult person so liable the court, in making its determination, may apportion the costs of such support among such adult persons according to their respective means

Jurisdiction and powers of designated courts over support proceedings.

• Circuit Court
• Magistrate Court (Only when there is no issue of paternity and other facts triable by a jury)
• Justice of the Peace (Only when there is no issue of paternity and other facts triable by a jury)

SUPPORT OF WIFE BY HUSBAND DURING DIVORCE PROCEEDINGS

Under the Domestic Relations Law Section 9.3, the husband is required to support his wife during the pendency of the divorce action regardless of who filed the action. In any case, such support may not exceed one-third of the husband’s income (See the case Toe v. Toe 38 LLR 18 [1995])
However, in the cases Morris v Flomo 26LLR 314 (1977) and Anderson v Anderson 9 LLR 301 (1947), the Supreme Court opined that: “A wife who abandons her husband is not entitled to support”.

Conversely, in Davis v Davis 150 (1969), the Court said that when a wife is compelled to leave her husband for good and sufficient reason, she shall be entitled to support in the form of alimony pending determination of a suit for divorce brought by her husband.

Finally, when the divorce is pronounced or entered, the husband is no longer under obligation to support the wife (or ex-wife). In Jallah v Reeves 39 LLR 504 (1999), the Supreme Court said the following: “The basis for claiming or providing maintenance and support for a petitioner wife is that the marital bond still exists between them even if they live in a state of separation. Whenever that bond is broken, then there no longer exists any justification for the Respondent to be required to support the petitioner.”

PENALTY FOR FAILURE TO SUPPORT

Section 16.5 of the Penal Law provides for the punishment of persons who fail to support their dependents in the following terms:

PERSISTENT NON-SUPPORT

“A person commits a misdemeanor of the first degree if he persistently fails to provide support which he can provide and which he knows he is legally obliged to provide to a spouse, child or other dependent, as specified in section 5.4 of the Domestic Relations Law”