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Predictors of spouses' provided support for patients receiving laparoscopic radical prostatectomy peri-surgery.

Close relationships are usually the most important source of social support. But even in close relationships, symptoms of distress in one or both partners may undermine support processes. Seventy-seven patients receiving laparoscopic radical prostatectomy (44-73 years) and their spouses (38-72 years) provided data 1 day prior to surgery as well as 2 days and 2 weeks post-surgery. Our assumption that the commonly found support-eroding potential of receivers' depressive symptoms would not be evident during early stages of an acute crisis situation, such as major tumor surgery, tended to be supported by the data. However, depressive symptoms and degree of patient-reported post-operative pain were associated with a delayed decrease in spousal instrumental support provision 2 weeks after surgery. Spousal depression was largely unrelated to the provision of support. The present findings hint at the limits of a loved-one's capacity to assist in times of need.

Acute Disease↗

Attachment of Earnings (Maintenance) Act, 1988 (No. 14 of 1988), 6 May 1988.

This Act authorizes the High Court or the Magistrate's Court of Trinidad and Tobago to make an attachment of earnings under a maintenance order. Such an order can be made without the consent of the person obligated to pay maintenance (debtor) only if the debtor has failed to make one or more payments, and it appears that the failure is due to the debtor's wilful refusal or culpable neglect. The order is to be made with respect to the debtor's employer and the employer must comply within 14 days of service. The employer and debtor are also obligated to notify the court of changes in employment or earnings, and the court is authorized to obtain a statement of earnings. Further provisions of the Act deal with costs, variations in orders, application of money received, and offenses, among other things.

Americas↗

Savitri v. Govind Singh, 9 October 1985.

The Court held that a Magistrate has the power under Section 125 of the Criminal Procedure Code to make an order directing a person to pay a reasonable sum as interim maintenance pending disposal of an order for maintenance, even though nothing in Section 125 explicitly confers such a power. It ruled that such a power was implied in the Code since the purpose of the Code is "to compel a man to perform the moral obligation which he owes to society in respect of his wife and children."

Asia↗

Maintenance Enforcement Act, 11 May 1988.

This Act establishes a Director of Maintenance Enforcement in Prince Edward Island, Canada, to enforce maintenance "in such manner, if any, as appears practicable." Under the Act, extraprovincial garnishments are recognized, and maintenance orders may be registered against land with authority to force the sale of that land. In addition, a debtor may be required to file a financial statement and appear before a court to explain the default. At a default hearing, a debtor shall be assumed to have the ability to pay arrears, unless the contrary is shown. A debtor may also be required to discharge the arrears by periodic payments; provide security in such form as the court directs, which may later be sold; report periodically to the court; and be imprisoned continuously or intermittently for not more than 90 days; among other things. Support and maintenance orders are given priority over other judgment debts regardless of when an enforcement process is issued or served. Similar laws were enacted in Alberta and Newfoundland. See the Maintenance Enforcement Act 1985 (Alberta, 5 June 1985) and The Support Orders Enforcement Act (Newfoundland, 8 July 1988). For a description of the major provisions of the Alberta Act, see Commonwealth Law Bulletin, July 1986, pp. 621-22.

Americas↗

Ordinance on the safeguarding of support claims, 19 May 1988.

This Ordinance of the German Democratic Republic is designed to help persons obtain support owed to them. It establishes a duty of providing information on significant changes with respect to one's achievements or needs for both the person providing support and the person receiving it. Places of employment are required to work towards having their employees provide the necessary information. The Ordinance also establishes a new procedure by which a person can obtain free help from the secretary of the local court in acquiring information, rather than bring a law suit, and sets forth rules on how children can obtain from the State support that has not been paid to them by persons required to provide it.

Behavior↗

Customary Law and Primary Courts Amendment Act, 1982.

Among other things, this Zimbabwe Act amends the principal Act to provide that "a community court shall, notwithstanding anything to the contrary contained in customary law, regard 1) the person who, according to customary law, is the husband of a woman as being primarily responsible for the maintenance of that woman during the marriage and, after the dissolution of their marriage, until her remarriage [and] 2) the father of a child as being primarily responsible for the maintenance of that child until the child attains the age of majority."

Africa↗

The Reciprocal Enforcement of Support Orders Act, 8 July 1988.

This Act provides for the enforcement in Newfoundland, Canada, of support orders from reciprocating jurisdictions. It contains rules relating to final orders, provisional orders, determination of parentage, conflict of laws, registered orders, variation of orders, and appeals, among other things.

Americas↗

Instruction No. 3/1988, 1 June 1988.

This Instruction contains provisions relating to the injury and maltreatment of children and women and the enforcement of support payments to women and children. With respect to the maltreatment of children, it provides that the Spanish Office of the Public Prosecutor shall a) curb child abuse; b) take decisive action to protect minors who have been abused or are helpless and to execute the new responsibilities imposed by Law 21/1987 of November 11, which modifies the Civil Code with respect to adoption; and c) collect the necessary data with regard to felonies or misdemeanors that involve child abuse so as to allow for the compilation of annual statistics which may identify the magnitude of this problem; With respect to the maltreatment of women, the prosecutor shall a) curb the abuse of women, investigating those cases where a lack of evidence exists because women are afraid; and b) collect the necessary data with regard to felonies or misdemeanors that involve the abuse of women so as to allow for the compilation of annual statistics which may identify the social reality of this problem. With respect to support payments, the Instruction urges all prosecutors to monitor the execution of support payments using all judicial means authorized, including penal actions when applicable, or enforcement mechanisms which have been mentioned in this memo, that is, conditioning visitation rights on timely payment of the support established for food and education of the children. In Circular No. 32 of 15 April 1988, the National Directorate of Police is called on to provide all necessary police assistance to women who have been the object of illegitimate acts of force so that they can report such acts and to inform women of laws designed to help them and the means of availing themselves of these laws. See Anuario de Derecho Penal y Ciencias Penales, Vol. 41, No. 3, September-December 1988, p. 978.

Behavior↗