Henderson J
IN THE GRAND COURT OF THE CAYMAN ISLANDS
HOLDEN AT GEORGE TOWN, GRAND CAYMAN
BETWEEN: REBA GWENDOLYN DOMINGUEZ Petitioner
AND: GARY HERNANDEZ DOMINGUEZ Respondent
Appearances: Ms. Reba Gwendolyn Dominguez, the Applicant
Mr. Gary Hernandez Dominguez, Respondent
Before: Hon. Justice Henderson
Heard: November 9, 2006
RULING
The Applicant, Reba Dominguez, requests an assessment of maintenance arrears and an order for their payment. She alleges that the arrears amount to $78,545.00.
In support of her application she has filed a brief affidavit dated August 24, 2006. There is one child of the marriage, Gary Henricks-Dominguez. The affidavit makes reference to an order of this court made March 24, 1993 requiring the respondent, Gary Dominguez, to pay $115 per week in child maintenance. The order of March 24, 1993 also requires the respondent to pay half of the reasonable medical, dental and educational expenses the child.
On August 25, 1993 this court ordered that the respondent was to pay fifty dollars per week "against the arrears." These payments were to be made to the Court Funds Office on Friday of each week. The respondent says he misunderstood this order and interpreted it to mean that his maintenance obligation was reduced to fifty dollars per week.
Sometime towards the end of 1993, Mr. Dominguez left the Cayman Islands; he did not return until 1996. During this hiatus he appears to have made no maintenance payments and no payments towards the arrears. Mrs. Dominguez said she did not pursue him for these payments because she did not know where he was.
After Mr. Dominguez returned to the Cayman Islands in 1996, he made payments from time to time to Mrs. Dominguez and directly to Gary. Neither party has kept any record of these. It appears to be admitted that no payments at all were made to the Court Funds Office. I have no sworn evidence from Jennifer King of the Court Funds Office, although the court file contains an unsworn, anonymously prepared spreadsheet calculating the maintenance arrears at $78,545.00 from March, 1993 until March, 2006.
In answer to questions from the court, Mr. Dominguez said that he is unemployed at the present time. He is waiting to see if he will have to leave the island and return to his native Honduras for immigration reasons. He has no income and no significant assets. In there circumstances, the best I can do for Mrs. Dominguez is to adjourn this case to February 1, 2007 for a continuation of the arrears hearing.
Gary Henricks-Dominguez Junior attended the hearing before me and answered questions from the bench. He is now seventeen years of age and studying Business Administration at the Community College. He is employed and paying for his own education. I am satisfied that he should no longer be considered a child of the marriage and I make that direction now.
Dated this 14th day of November, 2006
Henderson, J.
Judge of the Grand Court