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Affiliation and Maintenance of Children Act, 1995

This section says the Act may be cited by its short title. This section defines key terms used in the Act. 2. Interpretation PART II AA'ILIATION ORDERS This section concerns an application by a party to void a marriage.…

appealsattachment of earningsattachment orderschild custodychild maintenancechild supportchild welfarecompliancecourt jurisdictioncourt orderscourt paymentscourt procedurecourt proceedingscourt registrationcourt-ordered paymentscustodydefinitionsdivorceearningsEmployment lawenforcementenforcement of ordersfamily lawgovernment paymentsmaintenance ordersmaintenance paymentsnotice requirementsorder variationparental accesspayment enforcementpayment orderspayrollpayroll compliancepayroll deductionsregistration of ordersregulatory complianceshort titlewage attachmentwage deductions
Jurisdiction
Zambia
Structure
62 provisions
Citation
Act 5 of 1995
Dates
As at 28 Apr 1995
More statute details
Dates
As at 28 Apr 1995

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01

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“This section says the Act may be cited by its short title.”

This section says the Act may be cited by its short title. This section defines key terms used in the Act. 2. Interpretation PART II AA'ILIATION ORDERS This section concerns an application by a party to void a marriage. Section 6 is titled “Evidence to be given and corroborated” under Part III on maintenance orders.

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Showing 62 of 62 provisions

Provision 53Short title 2Interpretation 2Amendment 2
§ 1This Act may be cited as the Affiliation and Maintenance ofShort title

This section says the Act may be cited by its short title.

1. This Act may be cited as the Affiliation and Maintenance of Short title Children Act, I 995.
Section 1Verify source
§ 2Section 2Short title

This section defines key terms used in the Act.

2. 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; Interpreta­ tion " attachment of earnings order" means an order under section twenty-five; " 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; . 62 No. 5 of 1995] Affiliation and Maintenance of Children Cap. 214 Cap. 218 " 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 otl1er emolument payable in addilion 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 JII; '.' marital child " includes- (a) a legitimated person wiLhin the meaning of the Legitimacy Act; (b) an adopted child wilhin the meaning of the Adoption Act; and (c) a child of eilher party to a marriage who has_ been accepted by.lhe other party as a child of the family; " non-marital child " means a child-who is not a marital child; "periodic paymenL� order" means a maintenance order made in accordance with paragraph (a) of subsection (1) of section ten; " proper officer of Lhe court " means- ' . (a) in the case of the High Court, such officer as tl1e RegisLrar 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 ' :J 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 subsection (1) of section ten; "single woman" includes a widow, a married woman who is divorced and a woman living apart from her husband. Affiliation and Maintenance [No.5 of1995 59 of Children THE AFFILIATION AND MAINTENANCE OF CHILDREN ACT, 1995 ARRANGEMENTS OF SECTIONS PART I Section I. Short title
Section 2Verify source

Part

PART I

§ 2Section 2Interpretation

2. Interpretation PART II AA'ILIATION ORDERS

2. Interpretation PART II AA'ILIATION ORDERS
Section 2Verify source

Part

PART II

§ 4Application by party to void 'marriageProvision

This section concerns an application by a party to void a marriage.

4. Application by party to void 'marriage
Section 4Verify source
§ 6Evidence to be given and corroboratedProvision

Section 6 is titled “Evidence to be given and corroborated” under Part III on maintenance orders.

6. Evidence to be given and corroborated PART Ill MAINTENANCE ORDERS
Section 6Verify source
§ 3The court may make an affiliation order on the applicationProvision

The court may make an affiliation order when a single woman applies, subject to the stated timing and proof requirements.

3. The court may make an affiliation order on the application of a single woman- Application by single woman (a) al 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.
Section 3Verify source
§ 4The court may; on the application ofa single woman who hasProvision

The court may make an affiliation order if a single woman with a marital child applies and proves the marriage would have been valid except for underage marriage by either party.

4. The court may; on the application ofa single woman who has been delivered of a marital child, make an affiliation order upon proof that before the birth she was a party lo 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. Application by party to void marriage
Section 4Verify source
§ 5The court may, on the application of a non-marital childProvision

The court may make an affiliation order if a non-marital child applies through the child’s next friend, subject to section 3 limits.

5. The court may, on the application of a non-marital child made through the ch.ild's next friend, make an affiliation order, subject to the limitations contained in section three.
Section 5Verify source
§ 6(I) On the hearing of an application for an a ffiliation order,Provision

When an affiliation order application is heard, the court must hear the mother’s evidence, any other evidence she produces, and evidence from or for the putative father. The court must not make the order unless the mother’s evidence is corroborated in some material particular by other evidence.

6. (I) On the hearing of an application for an a ffiliation order, the court shall hear-- Application by child Evidence to be given and corroborated ( 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 th·e mother is corroborated in sonie material particular · by other evidence. PARTIII MAINTENANCE ORDERS
Section 6Verify source
§ 7· The court may, either at the lime of making an affiliationProvision

The court may make a maintenance order for the child concerned.

7.· The court may, either at the lime of making an affiliation. orderorupon subsequent application fora maintenance order, make a maintenance order in respect of the· child concerned. · Maintenance of affiliated child 64 No. 5 of 1995] Affiliation and Maintenance of Children Maintenance of neglected child
Section 7Verify source
§ 8(!) The court may on the application of either party to aProvision

The court may make a maintenance order if one spouse has failed to provide proper reasonable maintenance for a marital child.

8. (!) 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 Lo the matters mentioned in section eleven.
Section 8Verify source
§ 9(I) The court may make a maintenance order i.n respect of aProvision

The court may make a maintenance order for a marital child when granting divorce, nullity, or judicial separation, or later.

9. (I) The court may make a maintenance order i.n 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 I absolute.
Section 9Verify source
§ 10(!) A maintenance order may take any of the followingProvision

A maintenance order can require child maintenance as periodic payments or a lump sum, and a court may add interest if a lump sum is deferred or paid by instalments.

10. (!) A maintenance order may take any of the following forms, that is to say: Maintenance of child on divorce, nullity or separation Types of maintenance orders (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; (b) an order that the defendant shall, for the benefit of a specified child, secure to the satisfaction of the court the making, to a specified person or to the child itself, of specified periodic payments for a specified term. (2) In addition, a maintenance order may specify that the defen­ dant shall, for the benefit of a specified child, pay to a speeified person or to the child itself, a specified lump sum. (3) Where the court- ( a) makes an orderunderthis section for the paymentof a lump •.J sum; and (b) directs that- (i) payment of that sum or any part of it shall be deferred; or (ii) that sum or any part of it shall be paid by instalments; the court may order that the amount deferred, or the instalments, shall carry interest at a rate specified by the order, from a specified date (not being a date earlier than the date of the order) until the date when payment thereof is effected: ( c:, Affiliation and Maintenance [No. 5 of 1995 65 of Children
Section 10Verify source
§ 11(1) It shall be the duty of the court before making anyProvision

Before making a maintenance order, the court must consider all the circumstances of the child concerned.

11. (1) It shall be the duty of the court before making any maintenance order to have regard to all the circumstances of the child concerned. (2) Without limiting the generality of subsection (1), the court shall have regard to the following matters: Matters for consider­ ation when making maintenance order ( a) the welfare of the child while an infant, including any preliminary expenses; (b) the income, earning capacity, property and other financial resources which each interested person has, or is likely to have, in the foreseeable future, including, in the case of earning capacity, any increase in that capacity, which it would, in the opinion of the court, be reasonable to expect a person to take steps to acquire; (c) the financial needs, obligations and responsibilities.which each interested person has or is likely to have in the foreseeaple future; (d) the .standard of living enjoyed by the family before the breakdown of the marriage, in the case of persons who are divorcing; ( e) the age of the child and of each interested person; (/) any physical or mental disability of the child; (g) the contributions which each person has made, or is likely in the foreseeable future to make, to the welfare of the child, including any contribution made or to be made by looking after the home or caring for the child; (h) the financial needs of the child; (i) the income, earning capacity, property and other financial resources, if any, of the child; and (j) the manner in which the child was being, and in which its parents expected it to be, educated or trained.
Section 11Verify source
§ 12(I) A maintenance order shall not be made in favour of aProvision

A court must not make a maintenance order for a child who is 18 or older, unless the stated exceptions apply.

12. (I) A maintenance order shall not be made in favour of a child who has attained the age of eighteen years. (2) The term lo be specified in a periodic payments or secured periodic payments order in favour of a child may begin with the date of the making of an application for the order in question or any later date but shall not extend beyond the date of the child's eighteenth birthday. Duration of maintenance order 66 No. 5 of 1995) Affiliation and Maintenance of Children (3) Subsections (!) and (2) shall not apply if it appears to the court that- (a) the child is or will be receiving instructions in some profession or vocation (or would be, if an order were made without complying with either or both or those subsections), whether or not he is or will be in gainful employment as well; or (b) there are special circumstances which justify the making of an order notwithstanding either or both of those proyisions. (4) Any periodic payments order in favour of a child shall, notwithstanding anything in the order, cease to have effect on the death of the child in respect of whom the order is ll)ade, except in relation to any arrears due under the order on the date of the death.
Section 12Verify source
§ 13(I) The court shall have power to vary qr discharge aProvision

The court may vary or discharge a maintenance order, temporarily suspend a provision, and later revive a suspended provision.

13. (I) The court shall have power to vary qr discharge a maintenance orderor to suspend any provision thereof temporarily and to revive the operation of any provision so suspended. (2) In exercising its power under this section, the court shall take into account the same matters as it is required to take into account when it makes a maintenance order.
Section 13Verify source
§ 14(!) Subject to tl1c otl1er provisions of this Act, the personProvision

The mother, father, or custodian may be the person entitled to payment under a maintenance order, and the court may direct how the money is paid.

14. (!) Subject to tl1c otl1er provisions of this Act, the person entitled to any payment to be made under a maintenance order shall be the child's mother, f ather or custodian. (2) When making or varying a maintenance order, the court may order that the money shall be paid into court and then paid to the mother, father or custodian in such manner and subject to such conditions as it may direct. (3) A custodian who is entitled to receive moneys under a maintenance order shall have the same power to recover them as the mother or father would have had. PART IV CUSTODY OF CIIII.DREN
Section 14Verify source

Part

PART Ill

§ 14Section 14Provision

This section lists topics related to maintenance orders and then moves into custody of children.

14. Maintenance of affiliated child Maintenance of neglected child Maintenance of child on divorce, nullity or separation Types of maintenance orders mailers for consideration w_hen making maintenance order Duration of maintenance order Variation or discharge of maintenance order Persons to whom payments to be made PART IV CUSTODY OF CHILDREN
Section 14Verify source

Part

PART IV

§ 16Section 16Interpretation

This text shows section headings and a notice that copies of the Act can be obtained from the Government Printer for K480.00 each.

16. Custody and access Declaration of unfitness for custody Copies of this Act can be obtained from the Govermnent Printer. P. O.Box30136, 10100, Lusaka. PriceK480.00 each. " 60 No. 5 of 1995] Affiliation and Maintenance ofChadren PARTV REGISTRATION OF MAINTENANCE ORDERS Interpretation of Part V Section
Section 16Verify source
§ 19Registration of subordinate court ordersProvision

Section 19 is titled “Registration of subordinate court orders.”

19. Registration of subordinate court orders
Section 19Verify source
§ 23Variation of orders registered in subordinate courtsProvision

Section heading: Variation of orders registered in subordinate courts.

23. Variation of orders registered in subordinate courts
Section 23Verify source
§ 24Cancellation of registrationProvision

Section heading only: Cancellation of registration.

24. Cancellation of registration PART VJ ATTACHMENT OF EARNINGS ORDERS
Section 24Verify source
§ 15(I) Where the court makes a maintenance order in respectProvision

When a court makes a child maintenance order, it can also make custody and access orders, but only while the maintenance order remains in force.

15. (I) Where the court makes a maintenance order in respect of a child, the coun shall also have power to make whatever order it thinks lit with respect to the custody of the child, and the right of access thereto of either parent, but tl1e power conferred by this subsection and any order made in exercise of that power shall have effect only during any period while the maintenance order is in force. (2) In making any order as to custody or access, the court shall regard the wcl fare of the child as the paramount consideration, and shall not take into account whether from any other point of view the claim qf the father in respect of custody is superior to that of the mothe�. or vice versa. Variation or discharge of maintenance order Persons to whom payments to be made Custody and access ,. I, Ii ' -------=::: Affiliation and Maintenance [No. S of 1995 67 of Children (3) If the court is satisfied that- ( a) the motheror father of a child is not a fit and proper person to have custody of the child; (b) the mother or father of a child has died or become of unsound mind or is serving a tenn of imprisonment of more than six months; or (c) there are exceptional circumstances making it impracti­ cable forthe child to be entrusted to the custody of either of its parents; the court may, at the time of making a maintenance order or at any time thereafter, appoint any other person as custodian of the child. (4) The appointment of a custodian under this section may be made on the application of- ( a) The Minister responsible for community development and social welfare, or of any person authorised in that behalf by the Minister in writing either generally or specially; or (b) the father or mother; and such an appointment may be revoked and another person appointed as custodian.
Section 15Verify source
§ 16(I) Where the court makes an affiliation order, or grants orProvision

The court may declare a party unfit for custody in certain family proceedings, and that party then loses any automatic right to custody or guardianship on the other parent’s death. The court can also vary, discharge, suspend, or revive orders made under this section.

16. (I) Where the court makes an affiliation order, or grants or makes absolute a decree of divorce, or grants a decree of judicial separation, it may include in the order or decree a declaration that either party to the proceedings is unfit to have the custody of a chid. Declarations of unfitness for custody (2) Where such a declaration is made, then, if the party to whom the declaration relates is a parent of any child, that party shall not, on the death of the other parent, be entitled as of right to the custody or the guardianship of that child. (3) Where an order in respect of a marital child is made under this section, the order shall not affect the righL� over or with respect to the child of any person, other than a party to the marriage in question, unless the child is the child of one or both of the parties to that marriage and that person was a party to the proceedings on the application for an order und.er ihis section. (4) The court shall have power to vary or discharge an order made under this section orto suspend any provision thereof tempo­ rarily·and to revive, the operation of any provision so suspended. I v 68 No. 5 of 1995] Affiliation and Maintenance of Children PART Y Intcrpreta• tion of Part V REGISTRATION OF MAiifrENANCE ORDERS 1_7. ( 1 ) In !his Part, unless the context otherwise requires- " certified copy ", in relation Lo an order of the court, means a copy certified by the proper officer of Lhe court Lo be a true copy of the order or of the official record thereof; '.' court of registration '', in relation to a maintenance order, means Llie court.in which ihe order is, otis to be, registered; " High Court order " means a maintenance order made by the . ' ' High Court; · · ' . inal court "' , in relation (o a'maintenance order, ineans the " orig court. by which the order was made; · " suhordinale court order " means a maintenance order made by a.suborcjinale court; " registered "· means registered in accordance with t he provi­ . sions·of this Part, and " registration " shall be construed accordingly. (2) For the purposes of this Part, an order for th_e payment by the defendant of any costs incurred in proceedings relating to a main­ tenance order, being an order for the payment of costs made while the maintenance order is not registered, shall be deemed Lo-fomi a part of that maintenance order. Registration of High Court orders
Section 16Verify source

Part

PART VJ

§ 26Orders in proceedings under other ActsProvision

Section title: Orders in proceedings under other Acts.

26. Orders in proceedings under other Acts
Section 26Verify source
§ 27Restriction of issue of other processProvision

Section 27 is titled “Restriction of issue of other process.”

27. Restriction of issue of other process
Section 27Verify source
§ 28Variation of order on application of partyProvision

Section 28 concerns variation of an order on application by a party.

28. Variation of order on application of party
Section 28Verify source
§ 29Variation of order to correct excess of paymentsProvision

Section title only: Variation of order to correct excess of payments.

29. Variation of order to correct excess of payments
Section 29Verify source
§ 31Discharge of order on cancellation of registration of relatedProvision

Section 31 concerns discharge of an order when registration of a related maintenance order is cancelled.

31. Discharge of order on cancellation of registration of related maintenance order
Section 31Verify source
§ 32· Order discharged in certain circumstancesProvision

This section concerns when an order is discharged in certain circumstances.

32. · Order discharged in certain circumstances
Section 32Verify source
§ 34Powers of court to obtain statements of earnings etcProvision

Section 34 is titled “Powers of court to obtain statements of earnings etc.”

34. Powers of court to obtain statements of earnings etc.
Section 34Verify source
§ 35Powers of courts to determine whether payments areProvision

This section concerns courts’ power to determine whether payments count as earnings.

35. Powers of courts to determine whether payments are earnings
Section 35Verify source
§ 36Miscellaneous provisions as to paymentsProvision

Section 36 is titled “Miscellaneous provisions as to payments.”

36. Miscellaneous provisions as to payments .37. Earnings paid by the Government
Section 36Verify source

Part

PART VU

§ 39Special provisions for subordinate courtsProvision

This section concerns special provisions for subordinate courts.

39. Special provisions for subordinate courts
Section 39Verify source
§ 42Transitional provisionProvision

A transitional provision says certain laws of Zambia will stop applying to maintenance of children.

42. Transitional provision 43: Certain laws of Zambia to cease to apply to maintenance of children
Section 42Verify source
§ 44Consequential amendmentsAmendment

This section is titled “Consequential amendments,” but the provided text is too fragmentary to identify any specific amendment rule.

44. Consequential amendments (1 Affiliation and Maintenance [No. S of 1995 63 of Children PART II AFFILIATION ORDERS
Section 44Verify source

Part

part of that maintenance order.

§ 18(1) A person entitled to receive -payments under a HighProvision

A person entitled to receive payments under a court order may apply to register the order in another court, and the court/officers must take registration steps if the stated conditions are met.

18 ... (1) A person entitled to receive -payments under a High . Court order may apply Lo the original court.forthercgistration of the o_rder i.n a s_ubordinate court, ancl the court may, ifitth_inks fit, grant · the application. (2) \Vhere an application fpr the registration of such an order is · •. · _gr�ntcd_:_ (a) no proceedings shall begin, and no wril, warrant or other process shall be issued, for the enforcement o(Lhe order before registration oflhe ordcrorbefore the expiry of the prescribed period (in ihis Parr referred to as the " regis- . traLior\ period ") rro·m the· grant of the application, whichever firsl'occu'rs; and (b) th6 original · court shall, on being ��dslicd Within the registration period by the person who inade the applica­ . tion-thatno.such proceedings.or process beguri-or issued before the grant of the application remain pending or in force, cause ·a certified copy of the order to tx;,sent to the Affilia(ion and Maintenance · . of Children [No. 5 of1995 69 clerk of a subordinate court within whose area of juris­ diction the defendant appears to be. (3) If at the expiration of ihe registration period the original court has not been satisfied as referred to in paragraph (b) of subsection (1), the gram of the application shall become void. (4) The proper of(icer of the.court ,of registration shall, upon receipt of a certified cqpy of an order sent to him under this section, cause the order to be register�d in that court. · · · 19: (I) A pe��n eniitled ·to · r.ec�ive . ��y�ents under a subordinate court order, who considers the order could be more effec.tively enforced if it were registered in the High Court or another subordinate court, may appiy to the original' c9uri f9qhe the application registrati9.n of the .order, anq the cqurt _shall grant being satisfied in the prescribe_d that,_at the tiine when (he appli,ca, lion was made, ihe amount d.ue under the first mentioned order was unpaid. · . Registration of subordi­ nate court orders (2) Where an application for the registration of a surbodinate · court order is granted- . (a) nr.· proceedings for tlie enforcement of the order shait be begun before the registration takes place and no warrant or other process for the enforcement thereof shall be issued in consequence of any such proceedings begun before the grant of the application; (b) any warrant of comniitnientissued for the enforcement of the order shall cease to have effect when the person in possession of the warrant is informed of the grant of the application, unless lhe defendant has already been detained in pursuance cif the warrant; and· ( c) the original court shall, on being satisfied in the prescribed manner that no process for the enforcement of the order issued before U1e grant of the application remains in force, cause a certified copy of the order to be sent to the proper officer of the court of registration. (3) The.proper officer oi' ihe coµrt of registrati�n shall, upon receipt of a certified copy of an order sent to him under this's_ection, cause the order to be registered in that court.
Section 18Verify source
§ 20(I) Where a maintenance order is·-registered in any court Effect ofProvision

If a maintenance order is registered, the court normally must direct payments to be made through the court’s proper officer, and old arrears are included unless the court thinks that is undesirable.

20. (I) Where a maintenance order is·-registered in any court Effect of · registration under this part- · (a) any provisions of _the order by yirtue of which sums payable thereunder are required to be paid through or to 70 No. 5 of 1995] Affiliation and Maintenance of Children r any officer or person on behalf of the person entitled to them shall be of no effect so long as the order is registered in that court; and (b) the court shall, unless it is satisfied that it is undesirable to do so, order that all payments Lo be made under the maintenance order (including any arrears accrued be­ fore the date of the registration) shall be made through the proper officer of the court of registration. (2) An order made under paragraph (b) of subsection (1) may be varied or revoked by a subsequent order. (3) Where, by virtue of the provisions of this section or any order made under this section, payments under a maintenance order cease or become payable through or to any officer or person,'the person liable to make the payments shall, until he is given the prescribed notice to that effect, be deemed to comply with the maintenance order if he makes payments in accordanc(,l with the maintenance order and any orderuhder this section of which he has received such notice.
Section 20Verify source
§ 21An order which is for the time being registered in any courtProvision

An order already registered in one court must not be registered in any other court.

21. An order which is for the time being registered in any court shall not be registered in any other court.
Section 21Verify source
§ 22(1) Subject to the provisions of this section, a registeredProvision

A registered order is enforceable as if made by the court of registration, but after discharge no proceedings may be taken on that registration except for unpaid arrears due at discharge and not remitted.

22. (1) Subject to the provisions of this section, a registered order shall be enforceable in all respects as if it had been made by the court of registration and as if that court had jurisdiction to make it; and proceedings for or with respect to the enforcement a regis­ tered order may be taken accordingly. (2) Where an order remains or becomes registered after the discharge of the order, no proceedings shall be taken by virtue of that registration except in respect of arrears which were due under the order at the time of the discharge and have not been remitted.
Section 22Verify source
§ 23(I) The provisions of this section shall have effect withProvision

This section lets the court of registration vary certain registered orders in subordinate courts, but limits that power and keeps some matters for the original court.

23. (I) The provisions of this section shall have effect with respect to the variation of orders registered in subordinate courts, and references in this section to registered orders shall be construed accordingly. (2) The court of registration may exercise the same jurisdiction to vary any rate of payments specified by a registered order (other that jurisdiction in a case where a party_to the order is not present in Zambia when the application for variation is made) as the original court. (3) A rate of payments specified by a registered order shall not be varied except by the court of registration. (4) A rate of payments specified by a registered order·sh_aii not be varied by virtue of subsection (2) so as to exceeq the rate· of payments specified by the _order as made or last ·varied by the original court. -·· Registration not to be duplicated Enforcerilent of registered order VariationJ!f orders registered in subordinate courts Affiliation and Maintenance of Children [No. 5 of 1995 71 (5) !fit appears to the court to which an application is made by virtue of subsection (2) or (3) for the variation of a rate of payments specified by a registered order that, by reason of limitations im­ posed on the court's jurisdiction by subsection (4) or for any other reason, it is appropriate to remit the application to the original court, the firstmemioned court shall so remit the application, and the original court shall thereupon deal with the application as if the order were not registered- (6) Nothing in this section shall affect the jurisdiction of the original court to vary a rate of payments specified by a registered order if an application for the variation of that rate is made to that court- (a) in proceedings for a variation of provisions of the order which do not specify a rate of payments; or ( b) at a time when a party to the order is not present in Zambia. (7) No application for any variation of a registered order shall be made to any court while proceedings for any variation of the order are pending in any other court. (8) Where a subordinate court, in exercise of the jurisdiction conferred by this section, varies or refuses to vary a registered order, an appeal from the variation or refusal shall lie to the High Court.
Section 23Verify source
§ 24(1) If a person entitled to receive payments under a regis­Provision

This section lets certain people or courts give notice to cancel registration of an order, and requires cancellation once the stated conditions are met.

24. (1) If a person entitled to receive payments under a regis­ tered order desires )he registration to cancelled, he may give notice under this section. (2) Where the original court ·varies or discharges an order registered in a subordinate court, the original court may, if it thinks fit, give notice under this section. (3) Where a subordinate court discharges an order registered in the High Court and it appears to the subordinate court, whether by reason of the remission of arrears by that court or otherwise, that no arrears under the order remain to be recovered, the subordinate court shall give notice under this section. (4) Notice under this section shall be given to the court of registration, and where such notice is given- ( a) no proceedings for the enforcement of the registered order shall be begun befqre the cancellation of the registration and no writ, warrantorotherprocess for the enforcement thereof shall be issued in consequence of any such proceedings begun before the giving of the notice; Cancellation of rei;istra­ tion 72 No. S of l995] Affiliation and Maintenance . of Children (bJ Where·the order is registered in a subordinate court, any warrant bf commitment issued. for .the enforcement of the order shall cease to have effect· when the person in possession of the warrant is informed of the giving of the notice, unless the defendant has then already been detained in pursuance of the warrant; and (c) the court of registration shall cancel the registration ·on being satisfied in the prescribed manner- . ' . . . . (i) that no process for \he enforcement of the regi_s- tered order issued before the.giving of the notice remains in force;, and (ii) in the case of an-order registered in a subordinate couit, ihat no proceedings for the variation of . the order are penqing in a subo�dinate court . . (5) On the cancellati,on of the registration ofan order, any or<;ler made in relation to itunderparagraph (,b) of subsection ( 1) of section twenty shall cease to have effect, but until the defendant receives the prescribed notice of the cancellation he shall be deemed �o comply with the order ifhe makes payments in accordance with any order the under tha·i paragraph which was in force immediately before cancellation of which he has notice. 0 PART VI ATTACHMENT OF EARNiNGS O.RDERS
Section 24Verify source

Part

PART VI

§ 25(1) If, on the application of a persou entitled to receiveProvision

A court may make an attachment of earnings order requiring an employer to pay specified amounts from a defendant’s earnings, if the maintenance order has unpaid sums and the other conditions are met.

25. (1) If, on the application of a persou entitled to receive payments under a maintenance order, it appears to a court by which payment .oJ any arrear:s under the order is enforce.able- . ' , . (a) that, when the application was made, there were·payments · ' · due·undcr the order Uiat were unpaid; and · Attachment of earnings orders (b) that the defendant is a person to whom earnings fall to . be paid; . ' ' . then the court may, if it thinks fit, by order (to be known a·s · an attachment of earnings order) require a person appearing to the court to be the defendant's employer in respectof lhose_earnings or a part thereof, to. make out of those earnings or part thereof such payll}ents _as may be specified in the order.' · · Affiliation and Maintenance [No. S of 1995 73 .of Children_ . (2) The order shall-' ( a) specify the nonnal deduction rate, which shall not exceed the rate appearing to the court lo be necessary for the purpose of securing- (i) payment.of the sums'falling due from time to time under the maintenance order; and (ii) payrnei\t Within a reasoiiable' period of ahy s·ums already due and unpaid' under the maintenance or\Je� and of any cqsts incurred in proceedings rela,1i_J;1g .to the maintenance order which, are payable by the defendant; . . . . . . . . . . . . ' : (b) specify the protected earnings- rate, having regard to the resources and needs of the defendant and the needs of persons for whom he must or reasonably may provide; ( c) designat� the pro�er officer t;whqm any p�yment.i; to be made; and ( d) contain, so far as they are known to the court. making the order, such particulars ai may be prescribed for the ' purpose of enabling the defendant to be identified by the person to whom the order is· directed.' (3) An attachment of-earnings order. shall not come into force until the expiration. of f�urteen days from the date when a copy of the order is ·served on the person to 'whom the order is directed. ( 4) In this section:- . "· nonnal deduction rate·,, means the rate at which attached earning should be applied from time lo time-in satisfying the requirements of the maintenance order; protected earnings .rate " mean� the rate below which earnings should not be reducctl by a payment made in pu_rsuancc of an. attachment of earnings qrd�r . . .
Section 25Verify source
§ 26Withouf prejudice to the powers to make· attachment ofProvision

A court may order attachment of earnings to enforce payment under a maintenance order if the stated conditions are met.

26 . . Withouf prejudice to the powers to make· attachment of earnings orders conferred by section twenty>five, where ·proceed• ings are brought in a court under section four of the Debtors Act . ing or (which authorises.the committal to 'prison of persons·r�fus ' • ' neglecting to pay certain debts which they have had the means to ·pay) in- respect ofa default=in making payments under a mainte• ilance order, and it appears to the' court that- ·· • .. , . t ; • • . • • Orders in proceedings under other Acts Cap. 87 ' , r '\ ._ . '( �) ar th� d�te whbri \he proceedings wer� begun, any payment · was. due under the mainten,arce order and unpaid; and . ' . 74 No. 5 of 1995] Affiliation.and Maintenance of Children Restriction of issue of other process Variation of order on application of party Variation of order to correct excess of payments (b) the defendant is a person to whom earnings fall to be paid; the court may, if it thinks !it, make an attachment of earnings order instead of making any other order to enforce the making of pay­ ments under the maintenance order.
Section 26Verify source
§ 27Where an attachment of earnings order is made, no order orProvision

If an attachment of earnings order has been made, no order or warrant of commitment may be issued for enforcement proceedings that started before that attachment order.

27. Where an attachment of earnings order is made, no order or warrant of commitment shall be issued in consequence of any proceedings for the enforcement of the related maintenance order begun before the making of the attachment of earnings order.
Section 27Verify source
§ 28The court by which an attachment of earnings order hasProvision

The court that made an attachment of earnings order may discharge or vary it if it thinks fit, on application by the defendant or a person entitled to receive payments under the related maintenance order.

28. The court by which an attachment of earnings order has been made may, if it thinks !it, on the application of the defendant or a person entitled to receive payments under the related mainte­ nance order, make an order discharging or varying the attachment of earnings order.
Section 28Verify source
§ 29(!) Where al any time it appears to the proper officer toProvision

If the payment deductions under an attachment of earnings order are too high compared with the maintenance order, the proper officer must give notice and the court must deal with variation or discharge of the order.

29. (!) Where al any time it appears to the proper officer to whom payments under an altachmcnt of earnings order made by the High Court are to be paid that_:_ (a) the aggregate of the payments made for the purpose of the related maintenance order by the defendant (whether under the attachment of earnings order or otherwise) exceeds the aggregate of the payments required up to that time by the maintenance order; (b) the normal deduction rate specified by th_e attachment of earnings order (or where two or more such orders are in force in relation to the maintenance order, the aggregate of the normal deduction rates specified by those orders) exceeds the rate of payments required by the mainte­ nance order; and (c) no proceedings for the variation or discharge of the . altachmcnt of earnings order arc pending; the of!icer shall give the prescribed notice to the person to whom he is required to pay sums received under the aLtachment of earnings order and to the defendant. (i) The court whicli made the order sh.all- · .' ( a) make the appropriate variation order; or (b) if.it thinks fit, at the requestof the defendant made to the court in the prescribed manncrand before the expiration of the prescribed period, fi1ake an order either discharg­ ing the attachment· of earnings order or varying that order in such manner as the court ihinks just. Affiliation and Maintenance of Children [No. 5 of 1995 75 (3) Where at any time it appears to the proper officer to whom payments under an attachment of earnings order made by a subordinate court arc to ·be paid that the conditions specified in paragraphs (a) to (c) of subsection ( 1) are satisfied, that officer shall make an application to that court for the appropriate variation order, and the court shall- ( a) grant the application; or (b) i f it thinks fit, where the defendant appears at the hearing of the application and requests the court to do so, make an order either discharging the attachment of earnings order or varying that order in such manner as the court thinks just. (4) In this section " t_hc appropriate variation order " means an order varying the attachment of earnings order in question by reducing the normal deduction rate specified thereby so as to ensure that that the rate (or, in the case mentioned in paragraph (b) of subsection ( !), the aggregate of the rates therein mentioned) is the same as the rate of payments required by the maintenance order or is such lower rate as the court thinks just, having regard to the amount of the excess mentioned in paragraph ( a) of subsection (!).
Section 29Verify source
§ 30An order varying an attachment of earnings order shall notProvision

A variation order for an attachment of earnings order cannot take effect until 7 days after a copy is served on the person concerned.

30. An order varying an attachment of earnings order shall not come into force until the expiration of seven days from the date when a copy thcreofis served on the person to whom the attachment of earnings order is directed.
Section 30Verify source
§ 31Where notice is given to a court under section twenty-four,Provision

If notice is given to a court under section 24, the court must discharge the attachment of earnings order covered by that notice.

31. Where notice is given to a court under section twenty-four, the court shall discharge the attachment of earnings order to which the notice relates.
Section 31Verify source
§ 32( ! ) An auachmcnt or earnings order shall cease to haveProvision

An attachment of earnings order stops having effect in listed situations, and the court officer must notify the person affected.

32. ( ! ) An auachmcnt or earnings order shall cease to have effect- (aJ upon the grant oran application for the registration of the related maintenance order; (b) where the related maimcnanceorder is registered, upon the giving of notice with respect to it under section twenty­ /our; (c) upon the making or an ordcrof commitment or the issue of a warrant of commitm_ent for.the enforcement of the related maintenance order or upon the exercise for that purpose of any power conferred on a subordinate court to postpone the issue of such a warrant; or Notice to be given of variation Discharge of order on cancellation of registra­ tion of related maintenance order Order discharged in certain circumtanccs C 76 No. s of-1995] Affiliation and Maintenance of Children ( d) upon the discharge of the related maintenance order while it is not registered: Provided that where the related maintenance order is discharged as mentioned in paragraph ( d) and it appears to the court discharging the order that arrears thereunder will remain to be recovered after the discharge, that coun may direct that this subsection shall not apply. (2) Where an anachmem ofcarnings order ceases to have effect as provided by subsection (I), the proper officer of the prescribed court shall give notice of the cessation Lo the person to whom the order was directed. (3) Where notice is given to a court in pursuance of subsection (4) of section thirty-three, the court shall discharge the attachment of earnings order to which the notice relates . . . · (4) Where an attachment ofcarnings order ceases to have effect as provided by subsection (]), or is discharged otherwise than under subsection (3), the person to whom the order is directed shall not incur any liability in consequence of his treating the order as still in force at any time before the expiration of seven days from the date when the notice required by subsection (2) or, as the case may be, a copy of the discharging order, is served on him.
Section 32Verify source
§ 33(I) A person-to whom an allachment of earnings order isProvision

People subject to an attachment of earnings order must comply with it, and employers must handle multiple orders in date order, give the defendant a written statement of any payment, and notify the court in certain employment-change situations.

33. (I) A person-to whom an allachment of earnings order is directed· shall, notwithstanding anything in any other law but subject to the other provisions of this Act, comply with the order or, if the order is subsequently varied, with the order as so varied. (2) Where, on any occasion on which earnings fall to be paid to a defendant, there arc in force two or more anachmenl of earnings orders relating to those earnings, then, for the purpose of complying with the order, the employer shall- Liability under orders (aJ deal with those orders according Lo the respective dates on which they came into force, disregarding any latcr ordcr . until any earlier order has been dealt with; and . (b) deal with any later order as if the earnings to which it relates were the residue of the defcndant's·carnings after the making of any payment under the order in pursuance of any earlier order. (3) An employer who, in pursuance ofan anachmentofearnings . order, makes a payment-under that order shall give to the defendant a statemcrit in writing spcci fyirig_ the amount of that payment. Affiliation and Maintenance of Children [No. 5 of 199.• 77 (4) A person to whom an attachment orearnings order isdirected who , at the time when a copy o r the order is served on him or at any time therearter, has on no occasion during the period of four weeks immediately preceding that time been the derendant's employer shall forthwith give notice in writing in the pr9scribcd ronn to the court which made the order. (5) A person to whom an attachment of earnings order is directed shall, where the defendant ceases thereafter lo be employed by him, within fourteen days of such cessation give notice thereof Lo the court that made the order.
Section 33Verify source
§ 34(!) Where proceedings relating to an attachment or earningsProvision

In attachment or earnings-order proceedings, the court may get employer and earnings details, and it may order an employer to provide a signed statement of specified earnings within a set period.

34. (!) Where proceedings relating to an attachment or earnings order are brought in any court, the cou11 may, either bcrore or at the hearing- (a) obtain- (i) the name and address of his employer, or of each of his employers if he has more than one; (ii) such particulars as to the derendant's earnings as may be so speci lied; and (iii) such prescribed particulars as may beso specified for the purpose of enabling the defendant to be identified by his employer; and (b) order any person appearing Lo the court Lo be an employer of the defendant to give to the court, within a period specified by the order, a statement signed by him or on his behalf of such particulars as may be specified by the order of all earnings of the defendant which fell to be paid by that person during such period as may be so specified. (2) A document purporting lo be a statement of the kind men­ tioned in subsection (I) shall, in any proceedings mentioned in that subsection, be received in evidence and be deemed to be such a statement without further proof, unless the contrary is shown.
Section 34Verify source
§ 35(l) The court by which an anachmcnt of earnings order hasProvision

On application, the court must decide whether specified payments count as earnings under an attachment of earnings order, and the person directed by the order must act on that determination.

35. (l) The court by which an anachmcnt of earnings order has been made shall , on the application of the person to whom the order is directed, or of the defendant, ornr the person in whose favourthe order was made, determine whether payments to the defendant, or a particular class or description o f such payments, 1,pecilied by the application are earnings for the purposes of thal order; and the person to whom the order is directed shall be entitled to give effect to any (lc1crmination for the lime being in force under lhis subsec­ tion. Powers of courL Lo obLain stalcmcnls of earnings, clc. Powers of court to determine whether payments arc earnings 78 No. S of 1995] Ajjllialion and Maintenance of Children (2) A person to whom an attachment of earnings order is directed who makes an application under subsection (I) shall not incur any liability for failing to comply wilh the order in relation to any payments of the class or description specified by the application which arc made by him to the defendam while the application, or any appeal in consequence thereof, is still on foot and undeter­ mined. Miscella- provisions as to payments
Section 35Verify source
§ 36(I) The officer to whom an employer pays any sum inProvision

An officer receiving payments under an attachment of earnings order must pay them to the person named in the order, and an employer may keep a prescribed amount to cover reasonable compliance costs.

36. (I) The officer to whom an employer pays any sum in pursuance of an attachment of earnings order shall pay that sum, in accordance with rules of court, to the person specified by the attachment of earnings order as being the person entitled to receive paymenL� under the related maintenance order. (2) Any sums received, by virtue of an attachment of earnings order, by the person entitled to them shall be deemed to be payments made by the defendant so as Lo discharge- ( a) first, any sums forthe time being due and unpaid under the related maintenance order (a sum due at an earlier date being discharged before a sum due at a later date); and (b) secondly, any costs incurred in proceedings relating to the maintenance order which were payable by the defendant when the attachment of earnings order was made or last vatied. (3) Notwithstanding anything in any other law, an employer may retain the prescribed amount for his own use out of any balance of the defendant's earnings, to defray his reasonable costs of compli­ ance with an attachment of earnings order. Earnings paid by lhe govcmmcnL
Section 36Verify source
§ 37(I) In relation to earnings falling to be paid by the Govern­Provision

For government-paid earnings, the Act treats the chief officer of the relevant department or body as the payer; disputes go to the Minister responsible for finance.

37. (I) In relation to earnings falling to be paid by the Govern­ ment, this Act shall have effect subject to the following modi fica­ tion, that is to say: ( a) the earnings shall be treated as falling to be paid by the chief oflicer forthe time being of the department, office or other body concerned; and (b) section thirty-eight shall not apply except in relation to a failure by the defendant to comply with an order under ,section thirty-four. (2) If any question arises, in connection with any proceedings relating to an attachment of earnings order, as to what department, office or other body is concerned forthe purposes of this section, or as to whom for those purposes is the chief officer thereof, that question shall be referred to and determined by the Minister responsible for finance. r ,·. Affiliation and Maintenance [No. 5 of 1995 79 of Children (3) A document purponing to set out a determination of the Minister responsible for finance under subsection (2) and to be signed by an official of the Ministry responsible for community development and social welfare shall, in any proceedings men­ tioned in that subsection, be admissible in evidence and shall be deemed to contain an accurate statement of such a determination unless the contrary is shown. (4) The provisions of this Act shall extend to apply to a pension or other allowance granted under the Civil Service (Local Condi­ tions) Pensions Act or the European Officers Pensions Act.
Section 37Verify source
§ 38(!) A person whoOffence

A person commits an offence if they do not comply with an attachment of earnings order or a court order under this Part, or if they give a notice or statement under such an order knowing it is materially false.

38. (!) A person who- ( a) fails to comply with an attachment of earnings order or any order of the coun given under this Pan; or (b) gives a notice or statement in pursuance of such an order, knowing the same to be false in a material panicular, shall be guilty of an offence and shall be liable on conviction Lo a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months or to both. (2) It shall be a defence for a person charged with an offence by vinue of paragraph (a) of subsection (]) to prove that he took all reasonable steps to comply with the order in question. PART VII MISCELLANEOUS
Section 38Verify source

Part

PART VII

§ 39(1) Notwithstanding anything in this Act, the clerk of aAmendment

The clerk of a subordinate court must not apply for certain attachment-of-earnings orders unless asked in writing, and must comply with a valid request. The court also has jurisdiction to hear complaints under the Act in the stated cases.

39. (1) Notwithstanding anything in this Act, the clerk of a subordinate coun who is. entitled to receive payments under a maintenance order for transmission to another person shall not apply for an attachment of earnings order, or (except as required under section twenty-nine) an order discharging or varying an attachment of earnings order, in respect of those payments unless he is requested in writing to do so by a person entitled to receive the payments through him; but where such a request is made- · (a) he shall comply with the request; and (b) the person by whom the request was m11de shall have the same liabilities for all the costs properly incurred in or about any proceedings taken in pursuance of the request as if the proceedings had been taken by that person; and, for the purposes of paragraph (b), any application made by the clerk as required by section twenty-nine shall be deemed to be made on the request of the person in whose favour the attachment of earnings order in question was made. Cap. 410 Cap. 400 Offences Special provisions for subordi­ nate courts 80 ·No. 5 of 1995] Affiliation and Maintenance of Children Regulations and rules English law lo cease to apply Transitional provision Certain laws of Zambia to cease to apply to maintenance of children Cap. 219 Cap. 212 Consequen­ tial amendment,; (2) A subordinate coun by which payment of any arrears under a maintenance order is enforceable shall have jurisdiction to issue and entenain complaints underthis Act against any person resident in Zambia.whether within or outside the territorial jurisdiction of the subordinate coun.
Section 39Verify source
§ 40(1) The Minister may, by stalulory instrument, make regula­Provision

The Minister may make regulations, and the Chief Justice may make rules, both by statutory instrument, to carry out or give effect to the Act.

40. (1) The Minister may, by stalulory instrument, make regula­ tions for or with respect lo any matter.that by this Act is required or permilled to be prescribed, or that is necessary or convenient to be prescribed for carrying out or giving effect to lhis Acl. (2) The Chief Justice may, by statutory instrument, make rules, not inconsistent with the regulations, for.the better carrying into effect of this Acl.
Section 40Verify source
§ 41Except for any claim for affiliation or maintenance or otherCommencement

Older UK/England laws on bastardy, maintenance, and custody stop applying in Zambia, except for claims already started before this Act began.

41. Except for any claim for affiliation or maintenance or other cause which was inslilutcd before the commencement of this Act, the Bastardy Laws Amendment Act, 1 872, of the United Kingdom and any provision of the England law providing forthemaintenance or custody,of children, shall cease to apply in Zambia.
Section 41Verify source
§ 42An order made under any law referred to in sectionforty­Provision

An order made under a law mentioned in section 41 is treated as if it were made under this Act, if it could have been made under this Act when made, and it may be varied or discharged accordingly.

42. An order made under any law referred to in sectionforty­ one, to the extent that it could have been made under lhis Act if lhis Act had been in force al the time it was made, shall be deemed to have been made under lhis Act, and may be varied or discharged accordingly.
Section 42Verify source
§ 43The Maintenance Orders Act and the Maintenance OrdersProvision

The Maintenance Orders Act and the Maintenance Orders (Enforcement) Act stop applying to maintenance of children or related orders.

43. The Maintenance Orders Act and the Maintenance Orders (Enforcement) Act shall cease to apply to the maintenance of children or orders made in respect thereof.
Section 43Verify source
§ 44Paragraph (d) of subsection (1) of section twenty of lheSubstitution

This provision amends paragraph (d) of subsection (1) of section 20 of the Subordinate Courts Act.

44. Paragraph (d) of subsection (1) of section twenty of lhe Subordinate Courts Act is amended- (a) in the lirst proviso thereto.by the deletion of paragraph (ii) of lhal proviso; (b) in the second proviso lherelo, by lhe deletion of "either lhe spouse and children or the children alone" and the substitution therefor of the words "the spouse".
Section 44Verify source

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

  • Children Regulations

    Section 39

  • Debtors Act

    Section 26

G–M

1 instrument

  • Legitimacy Act

    Section 2

N–S

1 instrument

  • Subordinate Courts Act

    Section 44

T–Z

1 instrument

  • This section says the Act

    Section 1

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  • 28 Apr 1995 · currentEnglish

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