AFFILIATION AND MAINTENANCE OF CHILDREN ACT
Arrangement of Sections
1. Short title
3. Application by single woman
4. Application by party to void marriage
5. Application by child
6. Evidence to be given and corroborated
7. Maintenance of affiliated child
8. Maintenance of neglected child
9. Maintenance of child on divorce, nullity or separation
10. Types of maintenance orders
11. Matters for consideration when making maintenance order
12. Duration of maintenance order
13. Variation or discharge of maintenance order
14. Persons to whom payments to be made
CUSTODY OF CHILDREN
15. Custody and access
16. Declaration of unfitness for custody
REGISTRATION AND MAINTENANCE ORDERS
17. Interpretation of Part V
18. Registration of High Court orders
19. Registration of subordinate court orders
20. Effect of registration
21. Registration not to be duplicated
22. Enforcement of registered order
23. Variation of orders registered in subordinate courts
24. Cancellation of registration
ATTACHMENT OF EARNINGS ORDERS
25. Attachment of earnings orders
26. Orders in proceedings under other Acts
27. Restriction of issue of other process
28. Variation of order on application of party
29. Variation of order to correct excess of payments
30. Notice to be given of variation
31. Discharge of order on cancellation of registration of related maintenance order
32. Order discharged in certain circumstances
33. Liability under orders
34. Powers of court to obtain statements of earnings etc.
35. Powers of courts to determine whether payments are earnings
36. Miscellaneous provisions as to payments
37. Earnings paid by the Government
39. Special provisions for subordinate courts
40. Regulations and Rules
41. English Law to cease to apply
42. Transitional provision
43. Certain laws of Zambia to cease to apply to maintenance of children
to provide for court orders as to paternity; to consolidate the law relating to the maintenance of children; to bring the law of Zambia into conformity with the United Nations Convention on the Rights of the Child dated 20th November, 1989, to which Zambia is a State Party; to abrogate the application of so much of the Maintenance Orders Act, and of the laws of the United Kingdom, as provides for the maintenance of children; and to provide for matters connected with or incidental to the foregoing.
[28th April, 1995]
Act 13 of 1994,
Act 5 of 1995.
This Act may be cited as the Affiliation and Maintenance of Children Act.
In this Act, unless the context otherwise requires—
“affiliation order” means an order declaring a man to be the father of a child identified in the order;
“attachment of earnings order” means an order under section 25;
“child” means a person below the age of eighteen years, whether a marital or non-marital child;
“court” means a subordinate court or the High Court;
“custodian” means a person appointed under this Act or any other law to be the guardian of a child;
“defendant”, in relation to a maintenance order or a related attachment of earnings order, means the person liable to make payments under that order;
“earnings” in relation to a dependant means any sums (other than expected sums) payable to the dependant—
(a) by way of wages or salary, including a fee, bonus, commission, overtime pay or other emolument payable in addition to wages or salary; or
(b) by way of pension;
“employer” means a person by whom, as a principal and not as a servant or agent, any earnings are to be paid;
“maintenance order” means an order made under Part III;
“marital child” includes—
(a) a legitimated person within the meaning of the Legitimacy Act;
(b) an adopted child within the meaning of the Adoption Act; and
(c) a child of either party to a marriage who has been accepted by the other party as a child of the family;
“non-marital child” means a child who is not a marital child;
“periodic payments order” means a maintenance order made in accordance with paragraph (a) of sub-section (1) of section 10;
“proper officer of the court” means—
(a) in the case of the High Court, such officer as the Registrar may designate for the purposes of the provision in which the expression occurs; and
(b) in the case of a subordinate court, the clerk of that court;
“putative father” means the man alleged to be the father of a non-marital child;
“registered”, in relation to a maintenance order, means registered under Part V;
“secured periodic payments order” means a maintenance order made in accordance with paragraph (b) of sub-section (1) of section 10;
“single woman” includes a widow, a married woman who is divorced and a woman living apart from her husband.
The court may make an affiliation order on the application of a single woman—
(a) at any time within twelve months after giving birth to a non-marital child;
(b) at any time, upon proof that the putative father of the non-marital child has within the period of twelve months next after the birth of the non-marital child paid money for its maintenance; or
(c) at any time within the period of twelve months next after the return to Zambia of the putative father of the non-marital child, upon proof that he ceased to reside in Zambia within the period of twelve months after the birth of the non-marital child.
The court may, on the application of a single woman who has been delivered of a marital child, make an affiliation order upon proof that before the birth she was a party to a marriage which would have been valid but for the fact that she or the other party were under the age at which either might have legally contracted a marriage.
The court may, on the application of a non-marital child made through the child’s next friend, make an affiliation order, subject to the limitations contained in section 3.
(1) On the hearing of an application for an affiliation order, the court shall hear—
(a) the evidence of the mother;
(b) such other evidence as she may produce; and
(c) any evidence tendered by or on behalf of the putative father.
(2) The court shall not make an affiliation order unless the evidence of the mother is corroborated in some material particular by other evidence.
The court may, either at the time of making an affiliation order or upon subsequent application for a maintenance order, make a maintenance order in respect of the child concerned.
(1) The court may on the application of either party to a marriage make a maintenance order on the ground that the other party to the marriage has failed to provide, or to make a proper contribution towards, reasonable maintenance for a marital child.
(3) In deciding what constitutes reasonable maintenance for the purposes of this section, the court shall have regard to the matters mentioned in section 11.
(1) The court may make a maintenance order in respect of a marital child on granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation, or at any time thereafter.
(2) In the case of a decree of divorce or of nullity of marriage, the order may be made whether or not the decree has been made absolute.
(1) A maintenance order may take any of the following forms, that is to say:
(a) an order that the defendant shall, for the benefit of a specified child, pay to a specified person or to the child itself, specified periodic payments for a specified term;
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