Section 110 of the Lukautim Pikinini Act 2015 fixes when a maintenance order ends.
Section 110(1) — a section 108 order
An order for maintenance under section 108 applies until —
(a) the child dies; or
(b) the order is discharged by a Court of competent jurisdiction; or
(c) the child attains the age of 18 years,
whichever first occurs.
Section 2 defines a “child” as a person under the age of 18 years. Section 110(1)(c) simply follows that: the duty to maintain a child ends when the person is no longer a child.
Note the contrast with the Matrimonial Causes Act (Chapter 282), where section 73(4) allows child maintenance up to 21, and beyond that only in special circumstances.
Section 110(3) — variation after the child turns 18
If in the opinion of the Court there are special circumstances — including his education, medical and other special needs — and having regard in particular to Part II and the general principles prescribed in section 5, the order may be varied after the child attains 18 years of age.
Education. A child still at school or in tertiary study at 18 — common in Papua New Guinea, where schooling often begins late or is interrupted.
Medical needs. Continuing treatment for illness or injury.
Other special needs. Including a disability preventing self-support — connecting to section 81, under which a parent must take appropriate steps to ensure a child with a disability is assessed, treated, and afforded facilities for rehabilitation and integration.
The reference to Part II and section 5 brings in the whole set of principles — including section 5(1)(c), equal opportunity and access to education, and section 8(1)(e) and (f), the child’s right to education and guidance and to medical attention.
Section 110(3) allows an existing order to be varied after the child turns 18. Read with section 112 — which bars commencing a proceeding under this Part after the child attains 18 — the position is that an order must be in place before the eighteenth birthday if support is to continue past it.
The practical lesson: where a child will still be studying or will need continuing care at 18, apply for the variation before the birthday.
Section 110(2) — a section 109 order
An order for maintenance under section 109 applies until —
(a) the spouse dies; or (b) the spouse remarries; or (c) it is varied; or (d) the order is discharged or varied by a Court of competent jurisdiction,
whichever first occurs.
| Ending event | Child — s 110(1) | Spouse — s 110(2) |
|---|---|---|
| Death of the person maintained | Yes | Yes |
| Discharge by a court | Yes | Yes |
| Attaining 18 | Yes | — |
| Remarriage | — | Yes |
| Variation | Under s 110(3), after 18 | Yes — paras (c) and (d) |
Section 109 supports a spouse deserted by the defendant. On remarriage the obligation passes to the new spouse, so paragraph (b) ends the order automatically.
There is no equivalent for child maintenance. A parent’s duty to a child does not end because the other parent has remarried — section 8 attaches to a parent, and Basic Social Obligation (h) of the Constitution places an equal obligation on parents to support their children.
Compare section 76(1)(j)(i) of the Matrimonial Causes Act, under which the National Court may discharge an order if the party in whose favour it was made marries again — a discretion, where section 110(2)(b) is automatic.
Sections 111 and 112
Where a child dies, the Court may, on application by a party under this Part, order a person admitting himself or adjudged by the Court to be the father or mother of the child to pay such sum as the Court thinks reasonable for or towards the funeral expenses of the child.
Notwithstanding anything in a law, a proceeding commenced under this Part shall not be commenced after the child attains 18 years of age.
“Notwithstanding anything in a law” overrides any general limitation provision. After the eighteenth birthday, no proceeding under Part XII may be commenced — whether for maintenance, confinement expenses, or affiliation.
A mother who has not sought maintenance while the child was growing up cannot bring a claim once the child reaches 18, however clear the paternity and however complete the failure to support.
What section 112 does not bar is enforcement of arrears under an order already made, or a variation under section 110(3) of an existing order.
Sources
- Lukautim Pikinini Act 2015 — ss 2, 5, 8, 81, 105–112
- Matrimonial Causes Act (Chapter 282) — ss 73, 76
- Constitution — Basic Social Obligation (h)
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.