Division 7 of Part XII of the Lukautim Pikinini Act 2015 contains the provision most often used in the Family Court.
(1) Where the Court hearing a complaint under this Part in relation to the maintenance of a child is satisfied on the evidence, it may order the defendant to pay to the complainant a fortnightly sum or in kind as maintenance for the child.
(2) A maintenance order under subsection (1) also includes an order for the medical and educational expenses of the child.
How to obtain an order
| Step | What is required | Section |
|---|---|---|
| 1. File a complaint | In writing, on oath, in the prescribed form, at the Family Court | ss 91, 106(2) |
| 2. State the required particulars | Names of mother, child and father; that the person named has left the child without means of support | s 106(2)(b) |
| 3. Produce corroboration on oath | Of the material particular as to paternity or maternity | s 92 |
| 4. Summons or warrant issues | The magistrate summons the defendant, or in a proper case issues a warrant | s 92(a), (b) |
| 5. Hearing | Conducted informally and without regard to legal forms if the Court chooses | s 95(1) |
| 6. Order | A fortnightly sum or in kind, plus medical and educational expenses | s 108 |
Under section 106(1): the mother; the Director; a person authorised in writing by the Director; or an affected person by leave of the Court.
The last category matters where a grandmother or aunt is actually raising the child — a common arrangement recognised by section 9(2).
A fortnightly sum, or in kind
Fortnightly. Not weekly or monthly. That matches the ordinary PNG pay cycle, so a wage earner pays on payday and there is no question about which period an arrears figure covers.
Or in kind. A defendant with little cash income may satisfy the order with food, garden produce, school fees paid directly, clothing, or transport. A subsistence farmer is not beyond the reach of section 108 for want of money.
The order also includes an order for the child’s medical and educational expenses. These are not a separate claim to be pleaded — the words are mandatory.
That reflects section 8(1), which gives a child the right to education and guidance and to medical attention as part of the duty to maintain, and section 5(1)(c) — equal opportunity and access to education.
How the amount is fixed
Section 108 sets no formula and no percentage. The Court fixes what is proper on the evidence before it — the child’s needs, and the defendant’s means and capacity to pay.
The starting point is section 8(1): what does it cost to give this child adequate nutrition, immunisation, clothing, shelter, education and guidance, and medical attention?
Contrast section 73(1) of the Matrimonial Causes Act, which directs the National Court to have regard to means, earning capacity and conduct and all other relevant circumstances. Section 108 does not make conduct relevant; the focus is on the child.
Section 109 — a deserted spouse
Where the Court hears a complaint under this Part in relation to maintenance of a spouse who is deserted by the defendant, the Court may order the defendant to pay to the complainant a fortnightly sum or in kind as maintenance for the spouse.
It gives a deserted spouse a maintenance remedy in the District Court, without any divorce and without regard to whether the marriage was statutory or customary.
That matters because section 4 of the Matrimonial Causes Act (Chapter 282) excludes customary marriages from that Act entirely, so section 73 of it is unavailable to most married people in Papua New Guinea.
Section 109 carries forward the protection formerly given by the Deserted Wives and Children Act (Chapter 277), repealed by section 121. It is one of the six heads of Family Court jurisdiction — section 88(c), maintenance of a child and parent.
On how long an order lasts and when it ends, see the duration of a maintenance order under section 110. The Court may also order confinement expenses of up to K5,000 under section 107, and funeral expenses under section 111 where a child has died. Proceedings cannot be commenced after the child turns 18 (section 112), and an appeal lies to the National Court within 40 days.
Sources
- Lukautim Pikinini Act 2015 — ss 5, 8, 9, 88, 91, 92, 95, 105–112, 115, 121
- Matrimonial Causes Act (Chapter 282) — ss 4, 73
- Maintenance Orders Enforcement Act (Chapter 279)
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.