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VI’s child support laws very biased against men - Commentators

Commentators Richard Courtney de Castro (left) and Julio S. Henry both expressed their concerns with the current child support laws on the Speak Your Mind Show aired on October 26, 2013. Photo:VINO/File
Two commentators have joined the chorus against the territory’s child support laws stating that the current laws are very biased against men in this regard. Photo: VINO/File
Two commentators have joined the chorus against the territory’s child support laws stating that the current laws are very biased against men in this regard. Photo: VINO/File
Earlier this month, another commentator, Natalio Wheatley aka Sowande Uhuru explained that the issue of child support is a society-wide problem that goes beyond simply trying to put persons in jail as it is obvious that some persons are having economic hardships. Photo: Facebook
Earlier this month, another commentator, Natalio Wheatley aka Sowande Uhuru explained that the issue of child support is a society-wide problem that goes beyond simply trying to put persons in jail as it is obvious that some persons are having economic hardships. Photo: Facebook
ROAD TOWN, Tortola, VI – Two commentators have joined the chorus against the territory’s child support laws, stating that the current laws are very biased against men in this regard.

Commentators Richard Courtney de Castro and Julio S. Henry both stated this in their arguments on the Speak Your Mind Show aired on October 26, 2013.

“I don’t agree with the present situation where it’s left up to the person to make a complaint on the father for the father to go to the court to pay the court for child support and I don’t agree with fathers who refuse to pay child support for their own children,” de Castro stated.

According to de Castro, even though the ‘law is what the law is’ he remains of the view that in situations where the law is not clear, “we need our legislators to step in and fix the laws.”

He argued that the issue is one of governance and asked the question, “Who are we really governing?”

“It’s tough on fathers too who are trying,” Henry noted. “When you go to court, it’s almost like you’re [already] assumed to be guilty without your case even being heard or your side of the story.”

Earlier this month, another commentator, Natalio Wheatley aka Sowande Uhuru explained that the issue of child support is a society-wide problem that goes beyond simply trying to put persons in jail as it is obvious that some persons are having economic hardships.

“You don’t want to just create a situation where perhaps a woman and a man are not together and the woman might be upset at him for whatever reason and tries to get him locked in jail when she knows that he is going through a difficult economic time,” Wheatley said.

Legislator Hon. Alvera Maduro Caines has also voiced her opinion on the issue on several occasions, including most recently in the last sitting of the House of Assembly.

Several calls have been made for the wages of fathers not paying child support to be garnished as opposed to imprisonment which is sometimes not seen as a deterrent.

Financial provision for children on the dissolution of a marriage is governed by the Matrimonial Proceedings and Property Act, 1995 (MPPA). Sections 23, 24 and 25, give the court power to make financial provision for a child of the family keeping in mind that this power is discretionary.

In arriving at a decision the court must consider all the circumstances and pay particular attention to the factors set out in section 26 (2) including the financial needs of the child; the income, earning capacity (if any), property and other financial resources of the child; any physical or mental disability of the child; the standard of living enjoyed by the family before the breakdown of the marriage; and the manner in which he/she was being and in which the parties to the marriage expected him/her to be educated or trained.

26 Responses to “VI’s child support laws very biased against men - Commentators”

  • "John" (30/10/2013, 09:24) Like (3) Dislike (2) Reply

    I just wan't to know if it's even legal for someone that's not married but pregnant to be passing judgement on men for child support? Wouldn't her judgement be slightly skewed some what? I personally find it to be morally unrighteous. Don't give me wrong though, some men do need it but it does go both ways.

    • Yes (30/10/2013, 10:11) Like (5) Dislike (0) Reply
      What does that have to do with the law? Judgements are based on facts. There are some persons who take advantage of women not saying anything. They know what they have to do, but you still have to beg them for it while they up and about doing other things and you are left with all the finances on your own. I wouldn't send them to jail but at least. If it is $100 and you can give $40 i'm sure that would be understandable. but they don't say or give anything for months. One parent should not bare the burden of raising a child alone. If you have a child learn to make the necessary sacrifices that comes with it. It is not one parent's responsibility. I am speaking from personal experience. I will not send him to jail though. I don't think that's right.
      • "John" (30/10/2013, 10:53) Like (0) Dislike (0) Reply
        I could have told you were speaking from experience even b4 you mentioned it LOL, and this topic could go on and on but as I said, some men do need it, however, all men shouldn't suffer for some especially when substantial evidence presents it's self. In the long run only the child suffers. I'm also talking from experience. Picture a man paying for support and can't even see his children and when he addresses the court about it he receives no answers, although his child support is in on time. That's just wrong, but hey, the BIG MAN doesn't sleep.
        • Yes (30/10/2013, 12:18) Like (4) Dislike (0) Reply
          I totally agree with you. Some women are very unreasonable. Every parent should have a right to see their child, paying child support or not! Some women use the children as punishment, which in the long run only affects the child. No child should be caught in the middle of these situations and parents should never, ever, discredit each other to the child. Let them see and learn and form their own conclusions based on actions and experience. Do not abuse them mentally with your father this or your mother that. They are still children! Yes I totally agree that some women are unreasonable and use these situations as pay back for whatever ill treatment they feel they might have suffered from the man. Healing starts from within. no need to pass that to your child. It affects them and this curse just continues from generation to generation.
          • Hunted (31/10/2013, 12:40) Like (0) Dislike (0) Reply
            I agree with all of that but there a fathers who gives the kids but don't have any kind of relationship with the kids giving doesn't cut it at all times is building a relationship with the kids so in the future we will not have so much of our youth in the jail children needs both parents
  • John (30/10/2013, 11:07) Like (3) Dislike (2) Reply
    THIS DUDE SAM HENRY IS GETTING ON MY NERVES, IM SICK OF SEEING AND HEARING HIS LAME COMMENTS..
    LOOKS LIKE HE DOESN'T GET MUCH ATTENTION AT HOME.
  • ooooo (30/10/2013, 11:14) Like (1) Dislike (1) Reply
    i wont trust paying via the treasury right now because the ndp will spend that money
  • zoe (30/10/2013, 11:17) Like (1) Dislike (1) Reply
    deeds guys again?
    • Real (30/10/2013, 22:57) Like (0) Dislike (0) Reply
      These guys are talking about issues that's affecting us and iam sure they are affecting you too. The problem I have is people have a problem with everything, why are some of use like that? just full of negativity and can't share nothing good on theses blogs.
  • fish (30/10/2013, 11:25) Like (1) Dislike (0) Reply
    good points guys
  • Citizen (30/10/2013, 11:37) Like (4) Dislike (0) Reply
    What the guidelines and stipulations surrounding a man having to pay child support via a court order.....how are they even sure that he is not doing his best but the child mother isn't being willfull
  • heart brake (30/10/2013, 11:52) Like (3) Dislike (0) Reply
    I want to know how a men feel knowing their child or children's is hungry and don't have the heart to give and don't care to know if that child eat or drink especially when the mother ask for money and express there need saying they help financially and that man do do nothing my God
  • Do some thing (30/10/2013, 12:13) Like (0) Dislike (0) Reply
    My thing is if a man doing all then one day he's out of a job he try and try to get back a job but nothing work how the court going make him pay? Where by when he sit in court his story was not valid..... So now y man who have there child live with them can't but the mother in support...... If u can't get it pay them want take u jail so now a man back on the wall and he go rob them same judges and so ain't the same jail he going.........NDP VIP who ever need look in to this thing please
  • hotel owner (30/10/2013, 12:54) Like (1) Dislike (1) Reply
    where is the very vibrant tourism industry that the NDP promised? that is what you all need to talk about!!!!.
    • "John" (30/10/2013, 20:50) Like (1) Dislike (0) Reply
      Now what in the world that got to do with this topic, why do people throw politics in EVERYTHING!!! Our country is in trouble right now, and when I say our I mean Our as in anyone making a living in the BVI, not just "who born here," but there are many Headlines that contains politics, take your pic and comment on those. Stick to the topic Hotel Owner.
  • mother hen (30/10/2013, 13:24) Like (0) Dislike (0) Reply
    What the nay sayers are not understanding is that men are still the major bread winners
  • "John" (30/10/2013, 20:59) Like (0) Dislike (0) Reply
    Hm, yes we are so just send us to work like mules and keep our kids from us. Give the women and children all the money and don't say a word. Hm, some people just don't have a heart, especially most of those in our judicial system who have the power to use their initiative.
  • big papa (30/10/2013, 21:18) Like (0) Dislike (1) Reply
    enough is enough with the one side against dads
  • Interesting (30/10/2013, 22:06) Like (3) Dislike (0) Reply
    I am speaking from experience. I did not up and take my kids father to court. I begged and pleaded with him like a child asking him for help. Many times his cry would be that he doesn't have. Yet, he finds himself traveling constantly, buying new shoes and clothes and in the clubs. When I took my kids dad to court for not feeding them he was given a chance to speak. He had the opportunity to say why he was not doing his part and what he was willing to pay to help. At that time he was working and he we came to an agreement about what he would pay each month, yet month after month passed and he still never paid or even brought a caripsun for them to drink. He walked off of his job and they called him back. Did he go back? NO! However, it is almost 11 months and I have not gotten a dime. No help physically, financially, or emotionally. I have never taken in receipts for school uniforms, school books or doctor's visits. I have since gotten another job to help me feed my kids and sold many of my things. All of these folks just need to go and sit down! We have a whole heap of men who refuse to work or just find a job for today to buy this and that and after that they don't pass back. If the men have the kids they have all right to take the women to court if she is not helping as well.
  • Female (31/10/2013, 10:55) Like (0) Dislike (0) Reply
    I agree 100000 percent that the child support law is biased to men. Especially in the case where the men ARE already supporting the child/children. Some women only go through this process to spite men rather than for the betterment of their kids. I've even seen some cases where women are not even from the BVI come from their home country and put men in court and go back home with their children. Some fathers don't even get to see their children AT ALL because mothers don't allow it, yet they are collecting this huge amount of cash! If the law is to encourage fathers to be responsible, then why is it that mothers dont allow them to see their children even though they are collecting money?? This is wrong and it needs to be rectified! And legislators ESPECIALLY need to looked into those mothers and children who live OUTSIDE of the BVI's Jurisdiction.
  • Village Girl (31/10/2013, 22:54) Like (0) Dislike (0) Reply
    More signs of economic decline and increasing poverty as men cannot afford to pay anyway. What is going to happen when more rainy days meet upon us ?????. Unemployed people and people just surviving don't have the extra resources to save and pay child suppport.
  • Gorge (01/11/2013, 18:22) Like (0) Dislike (0) Reply
    @John, It is simple, you eat today, did your child eat today? You don't know? You have a cell phone and know where they live right? Call them up and tell them you are bringing over food right now...Simple
  • Single Mother Surviving! (04/11/2013, 10:10) Like (0) Dislike (0) Reply
    It all seems so simple to others. What happen to the mother's out there that have to struggle the same way? What happen to the mother's out there that have to work 2 jobs to make end's meet because the father's refuse to pay because they're no longer envolved with the mother's? It would seem like you want the mother's to go prostitute or sell drugs in order to survive! We live in an unfair world but the child/children shouldn't have to suffer because the parent's are no longer envolved. Yes times are hard but whatever contribution the fathers can make will go a long way, even if it's to spend a few hours with your child/children would make the world of difference. Some men are too ignorant in their ways to understand what the child/children are going thru! REAL MEN take care of the own!!!!
  • Jojo (24/04/2015, 05:31) Like (0) Dislike (0) Reply
    Some woman are just to wicked. They would destroy your life by using an innocent baby just because u don't want to b with the mother they will keep the child away from u insult u everyday and although u are doing your part as fathers u still can't spend time with your own baby what do u think going to happen on the father side? He is hurting deep within the love an interest he has towards the baby is fading and one day he is going to stop then the mother want to take him to court. Smdh some of u mothers cant even buy milk for the child but yet yall want to take man to court. I think the jugdes should also look on the mothers side as well and not only hearing what ahe has to say about the father. Judges should also take the time to listen to what the father has to say also some mothers just to damn wicked


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