Levers J
```markdown # IN CHAMBERS # IN THE GRAND COURT OF THE CAYMAN ISLANDS **CAUSE NO:** D116/2001 ## BETWEEN: **MYRENT ELECA FOSTER** Petitioner AND: **ALAN ANTHONY FOSTER** Respondent Before: The Honourable Madam Justice Levers **Appearances:** Counsels for the Respondent (Ms. Stacy J. Parke of Brooks and Brooks) Ms. Foster in person **Heard:** 3rd March 2008 --- ## JUDGMENT Levers, J. This is an application for the enforcement of arrears of maintenance. The [Text is partially obscured and illegible] written judgement is delivered quantifying the arrears. ``` The page number at the bottom indicates this is **Page 1 of 4**. The cause number and parties are also reiterated at the bottom: **Judgement – Cause No: D116/2001 Myrent Eleca Foster V. Allan Anthony Foster**. The court seal is visible near the center-right of the page.
```markdown It would appear that the Petitioner who is unrepresented and the Respondent who was unrepresented till recently appear to have misunderstood the Order and included several irrelevant matters in quantifying the arrears. The Summons before me on this occasion asked for directions of this honorable Court regarding maintenance arrears, an examination of the Respondent as to his assets and for the sale of any of his assets and an attachment of earnings Order and an enforcement of the Order and further and other relief. I have on purpose not allowed cross-examination for one simple reason: maintenance has now been ordered to be stopped by the Honourable Justice Henderson and he further ordered a sum of CI$400.00 to be paid on the first day of each month towards the previous arrears. The maintenance Order was stopped on the 8th June 2005 as the child is cared for equally by both parents. However, the arrears were to be paid at CI$400.00 per month and all educational expenses were to be paid by the father and the medical, dental, optical expenses were to be shared equally by the parties. The mother notes the arrears as follows: --- **Page 2 of 4** Judgement – Cause No: D116/2001 Myrent Eleca Foster V. Allan Anthony Foster.
Total Maintenance: CI$4650.00
Total School Fees: CI$7,178.60
Total Health Insurance: CI$4,318.15
Transfer of Funds: CI$ 669.79
House Expenses: CI$5,049.65 I need now to examine each item to see if it is and can be described as arrears of maintenance. Clearly the maintenance outstanding and the school fees cannot be disputed. The Respondent endeavored to dispute them but unfortunately he does not have the receipts to confirm payment and therefore I cannot but accept the maintenance and school fees as stated by the Petitioner. Health Insurance has to be explained - the Applicant interpreted the Order of Henderson J. to mean that it included the health insurance premiums. I therefore do not allow the CI$4,318.50 as there are no receipts to show that the insurance did not cover any of the costs of the child’s health expenses. The Order does not speak of premiums and I cannot allow that. Trannds too called is the transfer of Funnot be allowed for mover in a joint account. The Applicant alleges that the Respondent removed all the --- **Page 3 of 4** **Judgement – Cause No: D116/2001 Myrent Eleca Foster V. Allan Anthony Foster.** ```
```markdown 1. funds without her permission. As I have explained to her, the matter cannot 2. be considered to be arrears of maintenance. Household expenses of 3. CI$5,049.65 include maintaining the garden, the lawn equipment, the Court 4. fees in relation to arrears, advertisements etc cannot be allowed as 5. maintenance. 6 7 I therefore hold the sum outstanding as CI$11,628.50 and it is to be paid as 8 follows: 9 1. A lump sum of CI$2,000 on or before the 30 th April 2008; 10 2. The balance to be paid at the rate of CI$400.00 per month until 11 completion; 12 3. The payments are to be made through the Courts office and 13 No Order as to costs. 14 15 Dated this 13 th day of March 2008 16 17 18 19 20 Judge of the Grand Court --- **Page 4 of 4** Judgement – Cause No: D116/2001 Myrent Eleca Foster V. Allan Anthony Foster.