Understanding Child Maintenance in Kenya
Under the Children’s Act, 2022, both parents are legally obligated to provide for their children, regardless of whether they are married, divorced, or separated. Maintenance includes provision for:
- Food and clothing
- School fees and education costs
- Healthcare and medical expenses
- Shelter and general wellbeing
Failure to provide child maintenance is a breach of the law and can have serious consequences.
When a Spouse Refuses to Pay
Many custodial parents face situations where the non-custodial parent refuses to contribute financially to the child’s upkeep. This can lead to financial strain and affect the child’s welfare.
The law in Kenya provides remedies to ensure that the child’s needs are met.
Legal Actions an Aggrieved Parent Can Take
1. Negotiate Informally
- Attempt to communicate with the spouse directly.
- Sometimes mediation or discussion can resolve the issue without court intervention.
2. Apply to the Children’s Court
- File an application for a child maintenance order under the Children’s Act.
- Provide evidence of the child’s needs and the other parent’s capacity to pay.
- The court will determine a fair monthly or lump-sum contribution.
3. Enforcement of Maintenance Orders
If the spouse still refuses to pay after a court order:
- Garnishee Orders: The court can order deductions directly from the spouse’s salary.
- Attachment of Property: Assets may be seized to satisfy the maintenance order.
- Contempt of Court: Non-compliance may lead to imprisonment or fines.
4. Alternative Dispute Resolution
- Mediation or family counselling can sometimes resolve disputes amicably, preserving the relationship and ensuring compliance.
Important Considerations
- Always keep records of your child’s expenses and attempts to communicate with the other parent.
- The court prioritises the best interests of the child, not the convenience of the parents.
- Even if the parents were never legally married, the duty to maintain the child remains.
Conclusion
Child maintenance is a legal right of the child, and the law provides several avenues to enforce it when a spouse refuses to contribute. Early legal intervention ensures the child’s welfare is protected and avoids prolonged financial hardship.
Call to Action:
If your spouse refuses to contribute to child maintenance, we can guide you through the legal process and enforce court orders effectively. Contact us today for a confidential consultation.
