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”
corpusjurisliberia 