The Maintenance Chronicles — Part 4: I Lost My Job. Can I Go to Prison?

TRINIDAD & TOBAGO | FAMILY LAW STORY • EPISODE 4 OF 5

'Your Honour, how I could pay money I don't have?'

Marcus was back before the Court. Alicia insisted he still had money to lime. Marcus said his job had ended and that he had been looking for work.

Both told the story differently. And this is precisely why courts ask for evidence rather than deciding a person's financial position from gossip, photographs or the loudest voice in the room.

The law behind the drama

Trinidad and Tobago law distinguishes enforcement of a maintenance obligation from a decision to commit a person to prison. Section 27(4) of Chap. 46:08 requires inquiries in the defendant's presence into whether non-payment resulted from wilful refusal or culpable neglect, and contains a safeguard against commitment where the statutory condition is not met.

The precise enforcement powers and procedural conditions must be considered in the specific proceedings. Losing a job does not, by itself, erase an existing order or automatically cancel arrears.

What if income has really changed?

Section 21 provides for variation of orders for periodical payments in appropriate circumstances. A parent facing job loss, significant illness or another material change should seek the relevant court order promptly, rather than simply disappearing or assuming the amount has changed by itself.

Evidence might include a termination letter, applications for work, financial records, medical material where relevant, essential expenses and a realistic account of current earning capacity. The Court assesses the evidence and legal requirements.

For the parent caring for a child, the hardship is real too. Groceries, school transport and medication do not stop being needed because the other household has experienced a setback. A fair process considers the child's needs and both parents' circumstances.

The lesson

A person who genuinely cannot pay should not pretend there is no court order. A person who can pay should not hide behind an invented hardship. Both need to engage honestly with the legal process.

Then Marcus asked to see his son. Alicia replied: 'Until you pay every cent, you not seeing Jayden!' The argument changed in an instant.

NEXT EPISODE: No maintenance, no child?

Legal reference: Family Law (Guardianship of Minors, Domicile and Maintenance) Act, Chap. 46:08, sections 21 and 27.

Fictional characters and general legal education only. Seek advice on your individual order.