2. © National Committee for Families and Children
June 2006
Contributors:
Starla Acosta, Judith Alpuche, Aimee Jex,
Margaret Nicholas, Tylon Tillett
Resources:
Families and Children’s Act 2000, The Belize Family Court, The
Convention on the Rights of the Child
Design and Printing:
DOLPHIN PRODUCTIONS LTD.

3. Child Maintenance in Belize
FOR E W OR D
This booklet “A Guide to Child Maintenance in Belize” was
developed with the idea of providing an explanation of
the child maintenance system in Belize.
The booklet is intended to provide a step-by-step guide
for persons seeking maintenance and an explanation of
the procedures that persons seeking maintenance for
children must follow.
The information included in the booklet comes from:
• The Families and Children’s Act
• The Convention on the Rights of the Child, and
• The Belize Family Court Manual
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4. Child Maintenance in Belize
TA B LE OF C ON T E N TS
Foreword i
Table of Contents ii
Applying for Maintenance 1
Maintenance Procedures
In Belize City 3
Maintenance Agreement 4
Maintenance Order 5
Setting up a
Maintenance Agreement 6
Setting up a
Maintenance Order 11
Maintenance Procedures
In the Districts 13
Consequences for Non-payment 14
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Changes in Maintenance Payments 16
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Fact Sheet 18
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5. Child Maintenance in Belize
MA I N T E N A N C E OF CH I LD R EN
WHAT IS MAINTENANCE?
When parents separate and the relationship between
them ends, their obligation to provide support for their
children continues. All children are entitled to this support
whether or not their parents were married.
The parent’s duty to provide financial support for their
children takes priority over all their other commitments,
except for supporting themselves and any other person
they have a legal duty to support, such as a child born
from another relationship.
After separation, one parent is usually responsible for the
day-to-day care and protection of the child. This parent is
usually the one who requests financial support from the
other parent and is called the Applicant in this book. The
other parent, the Respondent, is usually responsible for
making payments to that first parent to help to support
the child. This payment is called maintenance.”
According to the laws of Belize, every person under the age
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of eighteen (18) years is considered a child and is unable to
maintain him or herself because of their young age.
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Children are therefore entitled to be maintained by their
parents or by other persons who are legally responsible
for them.
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6. Child Maintenance in Belize
Children are entitled to be maintained until:
they legally marry or legally enter employment, or
they turn 16 years (if their parents were married), or
they turn 18 years (if their parents were not married), or
beyond the age of 18 if they are disabled or in school full
time.
The Laws of Belize say that:
EVERY WOMAN must maintain
1. her own children and
2. her grandchildren, if their parents are unable
to maintain them due to illness, disability or
in the event that the parents cannot be located.
EVERY MAN must maintain
1. his own children,
whether or not he is
married to their mother,
2. the children that his i f e
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may have (stepchildren) living
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with her at the time of their
marriage, as long as the children are under the age of 18
years, and
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3. his grandchildren, if their parents are unable
to maintain them due to illness, disability or in the event
that the parents cannot located.
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7. Child Maintenance in Belize
A P P LY I N G FOR MAINTENANCE
WHO CAN APPLY FOR A MAINTENANCE ORDER?
THE MOTHER
THE FATHER
THE GUARDIAN
MAINTENANCE PROCEDURES IN
BELIZE CITY
In Belize City, all maintenance applications are made
through the Belize Family Court. The other districts do
not have family courts, therefore the application process is
different. (For the application procedures in the districts,
refer to section entitled “Maintenance Procedures in the
Districts”.)
When applying for maintenance, the Applicant must
discuss his/her options with an Intake Welfare Officer
of the Belize Family Court. The Intake Welfare Officer
will assist the Applicant to explore and determine which
option is best for the Applicant based on the situation
presented.
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There are two ways of applying for maintenance in Belize
in
City.
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8. Child Maintenance in Belize
The Applicant can either make a…
1. Maintenance Agreement:

This is a friendly agreement that is made between the
two parents with conditions and rules made up and
decided together by both parents in the best interest
of the child.
The Belize Family Court’s goal is to bring parents together
so that decisions can be made in a peaceful way that
serves the best interests of the children involved.
A. Maintenance Agreement:
• is made with the
understanding and cooperation
of both parents instead of being
decided and
ordered by a Magistrate.
• may receive more
support and the conditions are more respected by both
parents because they developed it and agreed on it
together.
• encourages constructive communication
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between the parents in the best interest of the child.
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• helps to build a better relationship between
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parents.
• is quicker and easier to finalize.
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• is easily changed if circumstances change.
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9. Child Maintenance in Belize
OR a
2. Maintenance Order:

The conditions of a Maintenance Order are
decided upon by a magistrate.
• It becomes necessary to make a Maintenance
Order when:
• the Respondent is totally uncooperative or
refuses to pay maintenance.
• the Respondent does not respond to the
notification letters sent by the court.
• the Respondent does not agree to an amount to
be paid for maintenance.
• the Respondent has repeatedly broken the
conditions agreed upon in the voluntary
agreement order.
• The Applicant chooses this option first.

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After speaking with an Intake Welfare Officer about their
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personal situation, the Applicant should be better able to
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make an educated decision on whether he/she wants to seek
a Maintenance Agreement or a Maintenance Order.
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10. Child Maintenance in Belize
The Belize Family Court does not recommend what
type of application is to be made. That decision is
left entirely up to the Applicant
SE TT I N G U P A MA I N T E N A N CE
A G R E E ME N T
The person that is interested in setting up a voluntary
Maintenance Agreement (the Applicant) must tell the
Intake Welfare Officer what they wish to do. This is called
the “action plan.”
1. The Intake Welfare Officer records the
situation of the Applicant, explains the procedure, and
completes an Intake Record.
2. A notification letter is then sent to the Respondent
through the post office or delivered by the Court to
the Respondent’s address. This letter requests that the
Respondent attend a meeting with the Intake Welfare
Officer.
3. If there is no response, a second notification letter is
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sent.
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11. Child Maintenance in Belize
4. If the Respondent attends the meeting with the Intake
Welfare Officer, he/she must first agree to two things
before the process can go any further:
a) that he/she is the parent of the child for whom
maintenance is being sought and
b) that he/she agrees to provide maintenance for the
child.
If the Respondent is in agreement with these two things,
then the process can continue.
5. The Intake Welfare Officer will organize a meeting with
both parents to discuss:
the amount of maintenance to be paid, and
the terms of maintenance, that is when and how often the
payments will be made.
This information is then recorded in the Maintenance
Agreement.
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12. Child Maintenance in Belize
6. If the Respondent agrees that she/he is the parent of
the child, she/he is asked to sign an Acknowledgement
Form.
7. The Respondent is now responsible for going to the
Court on agreed dates to pay the agreed amount of
maintenance to the cashier. Each time a payment is
made, the Respondent is issued a receipt.
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13. Child Maintenance in Belize
If the Respondent
• does not respond to either of the two
notification letters from the Court,
• says he/she is not the parent of the child,
• does not agree to an amount to be paid for
maintenance, or
• misses payments agreed upon under the
Maintenance Agreement;
Then the Applicant has the following options:
• Support the child alone without the
Respondent’s assistance,
• Take the Respondent to court to prove
paternity,
• Take the Respondent to court to gain
maintenance, or
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• Leave the court to consider the
situation and decide on the
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best course of action.
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14. Child Maintenance in Belize
In cases where the respondent misses a payment UNDER
the maintenance agreement, the Intake Welfare
Officer may remind the respondent of his/her obligation
or can inform the applicant of their options to make an
application for a maintenance order. Under a voluntary
agreement, the court cannot issue penalties.
In cases where the Respondent is taken to court to prove
paternity, the Court will also determine the rate of
maintenance payments.
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Image 1—Sample Application for Maintenance
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15. Child Maintenance in Belize
SE TT I N G U P A MA I N T E N A N CE
OR D E R
If efforts to make a voluntary Maintenance Agreement
have failed, then the Applicant can choose to pursue a
Maintenance Order.
1. The Applicant must meet with the Intake Welfare
Officer to request a hearing. The court recommends that
the Applicant bring the following documents;
• Social Security card,
• marriage license, and
• the child’s birth certificate.
These documents can assist the Court and speed up the
process.
2. The Applicant must pay a small fee to the court for the
issuing of a summons to the other parent (the Respondent)
to attend a court hearing.
3. At this hearing, the magistrate will decide the amount
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of maintenance to be paid, how often it will be paid, and
the dates of payment.
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16. Child Maintenance in Belize
The factors considered when deciding how much
the Respondent will pay are:
• Both parents’ current income
• Both parents’ living expenses
• Both parents’ financial duties to other
children (if there are other children)
• the number of children to be maintained
• age, sex and health of the children to be
maintained.
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17. Child Maintenance in Belize
MA I N T E N A N C E P R OC E D U RES
I N T H E D I S T R I CTS
The Family Court does not have branches in the districts,
therefore, the application procedure is different . One
major difference is that Voluntary Agreements cannot be
made in the districts.
AP P LY I N G F O R MA I N T E N A NCE
I N T H E D I S T R I CTS
The Applicant must go to the Magistrate’s Court in the
district where he/she resides and must bring the following
documents:
• Social Security card or birth certificate,
• marriage certificate, and the
• child/children’s birth certificates.
2. The Applicant for maintenance must inform the Clerk of
Court that he/she is interested in applying for maintenance.
In the districts, Applicants and Respondents do not have
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the opportunity of making a voluntary agreement since
there are no Intake Welfare Officers to facilitate the
process.
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3. The Clerk of Court then fills out an Information of
Complaint Form.
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18. Child Maintenance in Belize
4. The Applicant must then pay a summons fee.
5. The summons to attend court is then passed
to the Police Department. The Police Department then
issues the summons to the Respondent to ensure his/her
attendance in Court.
6. If the Respondent does not attend court, then a
warrant is issued for his/her arrest.
7. These procedures are executed within two to
three weeks.
During the court session, the magistrate decides the
details to the maintenance payments: how much the
Respondent will pay and the dates that the payments are
to be paid.
CON S E Q U E N C E S OF N OT PAYING
MA I N T E N A N C E
Once a maintenance order is made, either by the Family
Court or the Magistrate’s Court, the Respondent, by law,
MUST pay maintenance as outlined in the order.
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19. Child Maintenance in Belize
If maintenance is not paid the magistrate can decide to
take the following actions.
An Attachment Order can be made to the Respon-
dent’s and forwarded to the Family Court for mainte-
nance payments.
A distress warrant can be ordered by the Magistrate that
can cause the assets of the Respondent to be seized
and sold. The profits of which will be used to meet the
maintenance payments.
If there is no other way for the maintenance payment to
be made, then the Respondent can be imprisoned. An
alternative to imprisonment is Community Service
The magistrate, with the agreement of the respondent,
can order him or her do a certain number of hours of
Community Service.
No new arrears will be added to the outstanding amount
while the Respondent is imprisoned.
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20. Child Maintenance in Belize
MAY I R E QU E S T F OR A
CHANGE IN
MA I N T E N A N C E PAY ME N TS ?
In the event of a change in circumstances, the Applicant
or Respondent may apply to the court for a Variation
Order to increase or decrease the amount to be paid. This
can only be done by the Court (or by a Magistrate where
an order was issued).
A parent may apply for a Variation Order if:
• The child develops a chronic and costly illness.
• The child’s level of education increases (e.g.
when the child graduates from primary school and
starts high school) and demands more finance.
• The child requires more food and clothing due to
growth.
• The cost of living increases.
Or if the Respondent
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• becomes physically or mentally sick, or
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• can justify a decrease in maintenance payment
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due to a decrease in salary or responsibility to
other children changes, in case of an expanding
family.
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21. Child Maintenance in Belize
The Applicant may also take action against the Respondent
in the event of a change in circumstances; however, it is
advisable that the Applicant seek advice from the Intake
Welfare Officer before doing so.
The court may only cancel the whole
or any part of any sum due under an
order if the person responsible to pay
was prevented from doing so due to
an illness or mental disability.
Despite what happens between the parents of a child,
the child’s needs are the first priority. Remember, when
parents disagree, the child is always caught in the middle,
because he or she longs for the love and attention of
BOTH parents.
Let us work together to ensure that the needs of our
children are met, and that decisions are made in the best
interest of our children.
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22. Child Maintenance in Belize
FA C T S H E E T
The current maximum paid to a child under the Married
Person’s Act is $50.00. (Chapter 175)
The parent to pay maintenance (respondent) is bound by
the ruling of the court and the laws of Belize to pay the
maintenance of the child according to the decisions made
in the court order.
The fee for the summons process is currently $2.50 in
Belize City and all districts Magistrate Courts.
According to the Families and Children’s Act, children with
disabilities are entitled to the maximum maintenance.
An order against a parent shall cease to have effect if
that parent is granted custody of the child for whom the
maintenance was being paid or if the order is revoked.
Parents are still liable to pay maintenance if their child is
in foster care or in an institution. The government may
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apply for maintenance.
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23. Child Maintenance in Belize
C ON TA C T I N F OR MAT I ON
Court Address Location Telephone Fax
Belize 3rd Floor Belize City 227-4114 227-0068
Family Commercial 227-4107
Court, Center,
Albert Street
Belmopan Market Square Belmopan City 822-2445 822-0968
Magistrate
Court
Benque
Viejo
del Carmen Benque Viejo 823-2631 823-2632
Magistrate del Carmen
Court Town
Corozal 5th Avenue Corozal Town 422-2340 422-0116
Magistrate
Court
Orange Walk Hospital Orange Walk 322-2265 322-0485
Magistrate Crescent Town
Court
San Ignacio 2nd Floor, San Ignacio 824-2515 824-4269
Magistrate Administration Town
Court Bldg, King St.
Stann Creek Sisters of the Dangriga 522-2251 522-0056
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Magistrate Holy Family
Avenue Court
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Toledo Administration Punta 722-2017 722-2566
Magistrate Bldg. Gorda Town
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Court Front Street
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24. The National Committee for Families and Children
62 Cleghorn Street Belize City, Belize
Tel: (501) 223-0059 (501) 223-1180
Fax: (501) 223-1229
Email: ncfc@btl.net
“Championing the rights and welfare of
Belizean families and children.”