This Act was repealed on 2022-08-11 by Children’s Code Act, 2022.
Affiliation and Maintenance of Children Act, 1995
- Commenced on 28 April 1995
- [This is the version of this document at 31 December 1996.]
- [Repealed by Children’s Code Act, 2022 (Act 12 of 2022) on 11 August 2022]
Part I – Preliminary
1. Short titleThis Act may be cited as the Affiliation and Maintenance of Children Act.
2. InterpretationIn 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 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;"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;[Cap. 52](b)an adopted child within the meaning of the Adoption Act; and[Cap. 54](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 subsection (1) of section ten;"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 subsection (1) of section ten;"single woman" includes a widow, a married woman who is divorced and a woman living apart from her husband.
Part II – Affiliation orders
3. Application by single womanThe court may make an affiliation order on the application of a single woman—
4. Application by party to void marriageThe 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.
5. Application by childThe 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 three.
6. Evidence to be given and corroborated
Part III – Maintenance orders
7. Maintenance of affiliated childThe 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.
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
Part IV – Custody of children
15. Custody and access
16. Declarations of unfitness for custody
Part V – Registration of 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 duplicatedAn order which is for the time being registered in any court shall not be registered in any other court.
22. Enforcement of registered order
23. Variation of orders registered in subordinate courts
24. Cancellation of registration
Part VI – Attachment of earnings orders
25. Attachment of earnings orders
26. Orders in proceedings under other ActsWithout prejudice to the powers to make attachment of earnings orders conferred by section twenty-five, where proceedings are brought in a court under section four of the Debtors Act (which authorises the committal to prison of persons refusing or neglecting to pay certain debts which they have had the means to pay) in respect of a default in making payments under a maintenance order, and it appears to the court that—
27. Restriction of issue of other processWhere 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.
28. Variation of order on application of partyThe court by which an attachment of earnings order has been made may, if it thinks fit, on the application of the defendant or a person entitled to receive payments under the related maintenance order, make an order discharging or varying the attachment of earnings order.
29. Variation of order to correct excess of payments
30. Notice to be given of variationAn order varying an attachment of earnings order shall not come into force until the expiration of seven days from the date when a copy thereof is served on the person to whom the attachment of earnings order is directed.
31. Discharge of order on cancellation of registration of related maintenance orderWhere notice is given to a court under section twenty-four, the court shall discharge the attachment of earnings order to which the notice relates.
32. Order discharged in certain circumstances
33. Liability under orders
34. Powers of court to obtain statements of earnings, etc.
35. Powers of court to determine whether payments are earnings
36. Miscellaneous provisions as to payments
37. Earnings paid by the government
Part VII – Miscellaneous
39. Special provisions for subordinate courts
40. Regulations and rules
41. English law to cease to applyExcept for any claim for affiliation or maintenance or other cause which was instituted before the commencement of this Act, the Bastardy Laws Amendment Act, 1872, of the United Kingdom and any provision of the England law providing for the maintenance or custody of children, shall cease to apply in Zambia.
42. Transitional provisionAn order made under any law referred to in section forty-one, to the extent that it could have been made under this Act if this Act had been in force at the time it was made, shall be deemed to have been made under this Act, and may be varied or discharged accordingly.
43. Certain laws of Zambia to cease to apply to maintenance of childrenThe Maintenance Orders Act and the Maintenance Orders (Enforcement) Act shall cease to apply to the maintenance of children or orders made in respect thereof.[Cap. 55; Cap. 56]
History of this document
11 August 2022
Repealed by Children’s Code Act, 2022
31 December 1996 this version
28 April 1995