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IN THE SUPREME COURT OF BELIZE A.D., 2001

Action No. 13 of 2000

Between	(FRANK BERNARD BALDERAMOS	PLAINTIFF
	( ( ( And ( (
	(ANN ELIZABETH BALDERAMOS	DEFENDANT

Ms. M. Moody for Petitioner
Ms. D. Shaw for Respondent

AWICH J:

J U D G M E N T

Notes:

Maintenance order following divorce, r 65 Matrimonial Causes Rules.

On 25.5.2001 I heard evidence on the petition of Frank Bernard Balderamos for dissolution of the marriage solemnized between him and Rachel Ann Elizabeth, his wife, on 25.10.1984 at St. Mary's Anglican Church, Belize City. I also heard the petition of Rachel for maintenance order. I decreed that the marriage be dissolved, decree nisi was to issue immediately and may be made absolute after 6 months. I reserved judgment in the maintenance case. This is the judgment.

The evidence shows unfortunate circumstances of the couple. Rachel has no means of her own, and she is not employed for wages. She is said to be sickly. The picture is no better for Frank. He is 49 years old, diabetic and sickly. One of his kidneys had to be removed. His bad eye-sight has led to him not being able to work as a driver any more. In the recent past he worked as a watchman. He was unemployed during the week this case was tried. In his recent employment he earned $110 per week. That is not much for someone who has to attend to medical bills of two persons and to provide for two homes. The two lived in separation and will now live apart divorced.

In happier days the couple was blessed with a child who is now 20 years old, so, no order of maintenance is necessary for her upkeep.

The Family Court made an order on 13.11.1995 for the maintenance of Rachel when the couple lived in separation. Frank was and is still required in that order to pay $50 per week for Rachel's maintenance. It seems Frank has been having difficulty in paying; as at 25.5.2001 he was in arrears by $1123.92. His difficulty does not excuse him automatically, he should have gone back to the Family Court on notice to Rachel, to put his case as to his difficulty.

Frank was somewhat positive in this Court. He hoped to get a job soon and has offered to pay some maintenance sum to Rachel. Given the modest expected means of Frank, I make an order for maintenance following divorce, requiring Mr. Frank Balderamos to pay the sum of $40 per week to Rachel Ann Elizabeth Balderamos, commencing Friday 22.6.2001. I have assumed that Mr. Balderamos has now got a job.

This order replaces the order made by the Family Court which order was made to last during the separation of the couple, but any arrears due are not cancelled.

Costs