Child support in Kenya a crucial financial obligation designed to ensure the well-being of children after parents separate. The biggest factor in calculating child support is the income of the non-custodial parent. However, several other factors also influence the final amount ordered by the court. This article explores how child support is determined in Kenya and what elements courts consider when making decisions.
The Primary Factor in Calculating Child Support In Kenya is Parental Income
The income of the parent responsible for paying child support is the most significant factor in determining how much support will be provided. Courts assess both formal and informal earnings, including:
- Salary and wages
- Business profits
- Rental income
- Bonuses and commissions
- Pensions or benefits
- Any other financial resources such as businesses
The court ensures that the child’s financial needs are met without unfairly burdening the paying parent.
Other Factors That Influence Child Support Calculations
1. Custody Arrangements
Child support obligations are also influenced by who has primary custody. If one parent has full custody, the other parent is typically required to contribute financially. In cases of shared custody, the support amount may be adjusted based on each parent’s contribution to the child’s care.
2. Child’s Needs and Standard of Living
The court considers the child’s reasonable expenses, including:
- Education (school fees, tuition, uniforms, books)
- Healthcare (medical insurance, doctor visits)
- Housing and utilities
- Food and clothing
- Extracurricular activities and personal needs
The goal is to maintain the child’s standard of living as closely as possible to what it was before the parents separated.
3. Number of Children Being Supported
If a parent has multiple children from different relationships, the court considers their financial obligations to all dependents before determining the amount payable for child support.
4. Special Needs or Additional Expenses
If a child has special needs, such as medical conditions or disabilities requiring extra care, the support amount may be increased accordingly.
5. Financial Obligations of Both Parents
The court also looks at the custodial parent’s financial situation. If both parents earn significantly, child support may be adjusted to reflect a fair division of responsibility.
6. Any Agreements Between Parents
Parents may agree on a child support amount outside of court, but the court must approve such agreements to ensure they are in the child’s best interest.
How Child Support is Enforced in Kenya
Failure to pay child support can lead to serious legal consequences. The custodial parent or guardian can:
- File a case in the Children’s Court to demand payment.
- Seek wage garnishment (where the court orders deductions directly from the parent’s salary).
- Request penalties or legal action, including potential jail time for non-payment.
Can Child Support Amount Be Modified?
Yes, either parent can request a modification of child support payments if circumstances change. Common reasons for modification include:
- A significant increase or decrease in the paying parent’s income.
- Changes in the child’s needs (e.g., new medical expenses or school costs).
- Changes in custody arrangements.
Frequently Asked Questions (FAQs)
Q: How is child support calculated if the father is unemployed?
A: The court considers any other sources of income, including assets and financial support from relatives. In some cases, unemployed parents may be required to contribute in non-financial ways.
Q: Can a parent refuse to pay child support in Kenya?
A: No. Child support is a legal obligation, and failure to pay can result in penalties, wage deductions, or legal action.
Q: Can child support be paid in non-monetary ways?
A: Yes, in some cases, a court may allow contributions in the form of school fees, medical coverage, or direct provision of necessities instead of cash payments.
Q: How long does child support last in Kenya?
A: Typically, child support continues until the child reaches 18 years old. However, it may extend if the child is still in school or has special needs.
Conclusion
The biggest factor in calculating child support is the income of the non-custodial parent, but custody arrangements, the child’s needs, and other financial obligations also play a role. Courts in Kenya strive to ensure that child support is fair, reasonable, and in the best interests of the child. If you need legal advice on child support matters, consulting a family lawyer can help ensure compliance with the law and protect the child’s welfare.
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