This archive report was first published on 8 January 2020.
Published on January 8, 2020, a father sought legal advice after his ex-wife sued him for child support, despite him already providing financial support and paying school fees.
Since June 2019, the father had been sending his ex-wife Sh10,000 every month via M-Pesa, in addition to paying school fees and medical bills for their child.
Child Support Laws in Kenya ¶
According to Article 53 of the Constitution, every child has the right to parental care and protection, which includes equal responsibility of both parents to take care of the child, whether married or not.
The court will consider factors such as income, property, and financial resources of both parents, as well as the needs of the child, including food, education, shelter, health, and clothing.
The court will also review other obligations of both parents, ensuring that any orders do not jeopardize their stability and ability to take care of the child.
Additionally, the court will examine the historical relationship between the father and the child to ascertain the father's presence in their growth and development.
Preparing for Court ¶
To strengthen his case, the father should gather evidence to prove that he has been providing child support, including M-Pesa records, banking slips, and receipts for school fees and medical expenses.
He can then present this evidence to the court, arguing that his ex-wife's suit is veiled with malice, as the issue of child support is already being executed voluntarily.
The father can request the court to strike out the suit, claiming that there is no legal basis to support his ex-wife's prayers.
