What maintenance means
Maintenance is money paid for somebody's upkeep.
Child maintenance is support for a child's needs: food, housing, school fees, medical care, clothing and the ordinary costs of raising them. Both parents owe it, and the obligation does not depend on whether they were ever married or on how the relationship ended.
Spousal maintenance is support for a former spouse, and it arises out of divorce proceedings rather than automatically. It is discretionary, and Nigerian courts award it far less readily than child maintenance.
The most important thing to understand about child maintenance is whose entitlement it is. It belongs to the child, not to the parent receiving it. That is why it cannot be traded away against access, and why a parent cannot lawfully stop paying because they are being denied contact.
How it is used
Maintenance is either agreed or ordered.
Agreement is better where it is possible. A written parenting agreement setting out how much is paid, when, for what, how school fees and medical costs are handled, and how the figure is reviewed, avoids court entirely and is easier for both parents to live with.
Where agreement is not possible, an application is made to court. In divorce proceedings, maintenance for the children and, where sought, for a party is dealt with alongside custody. Where the parents were not married, an application can be made under the applicable children's legislation in the relevant state.
The court looks at the needs of the child, the income and earning capacity of each parent, their respective responsibilities and obligations, the standard of living the child is accustomed to, and any special needs.
Enforcement follows the ordinary routes for money judgments, including attachment of earnings and, in appropriate cases, committal for wilful default. A documented demand is usually the first step and settles many disputes without proceedings.
Key features
- Financial support for a child or a former spouse
- Both parents owe child maintenance regardless of marital status
- The entitlement belongs to the child, not the receiving parent
- Assessed on the needs of the child and the means of each parent
- Can be agreed in writing or ordered by a court
- Orders can be varied when circumstances change materially
How this works in Nigeria
The Child's Rights Act 2003 restates the duty to maintain a child and applies in states that have domesticated it, which most but not all have. In divorce proceedings, the Matrimonial Causes Act allows the court to make orders for maintenance of the children and of a party.
Enforcement is where Nigerian maintenance is weakest. There is no administrative agency assessing and collecting maintenance in the way some countries operate, so a parent who is not paid must go back to court. That takes time and money, and many parents do not.
Informal earnings compound it. Where a parent's income is not documented, establishing means is difficult, and a payer who understates income is hard to challenge without evidence.
The most damaging pattern is treating maintenance and access as bargaining chips against each other. A parent withholding access because payment stopped, or stopping payment because access was denied, weakens their own position, because courts look at the welfare of the child rather than at who provoked whom.
For a parent seeking maintenance, the practical route is a written demand setting out the child's costs with evidence, followed by an application if it is ignored. The documented request is what makes the later application straightforward.
Child maintenance vs spousal maintenance vs settlement
Three financial questions on a separation, decided differently.
Child maintenance is owed by both parents to the child. It is not discretionary in principle, it is assessed on needs and means, and it continues while the child needs support.
Spousal maintenance is support for a former spouse, arising from divorce proceedings. It is discretionary, Nigerian courts award it sparingly, and it depends on factors including the length of the marriage, the parties' means and their contributions.
A property settlement divides assets rather than providing income. It is a one off adjustment of ownership, and it is decided on legal title and contributions.
The three interact. A generous property settlement may reduce the case for spousal maintenance, but it does not reduce child maintenance, because that entitlement belongs to the child.
Limits and risks
Enforcement is the central weakness. Without an administrative collection system, a parent who is not paid has to return to court repeatedly, and that deters many from pursuing it at all.
Assessing means is difficult where income is informal or deliberately obscured, and the burden of proving it usually falls on the parent seeking support.
Spousal maintenance is awarded sparingly, so a former spouse who gave up a career during a long marriage may receive less than they expect.
And orders go stale. A figure set five years ago in a high inflation environment may be worth a fraction of its original value, and varying it requires another application.
Worth knowing
Never stop paying because access is being denied, and never deny access because payment stopped. Nigerian courts treat maintenance as the child's entitlement and access as the child's right, and a parent who uses one to enforce the other damages their own case on both.
Questions people ask
Who is responsible for child maintenance in Nigeria?
Both parents, regardless of whether they were married or how the relationship ended. The obligation is owed to the child, and it does not depend on the parents' relationship with each other.
How is the amount decided?
On the needs of the child and the means of each parent, including income, earning capacity, other responsibilities, the standard of living the child is used to, and any special needs.
Can I stop paying if I am not allowed to see my child?
No. Maintenance is the child's entitlement, not a payment for access. Withholding it damages your position, and the correct route is an application about access rather than stopping payment.
Is spousal maintenance common in Nigeria?
Less common than child maintenance. It is discretionary, arises in divorce proceedings, and Nigerian courts award it sparingly, weighing the length of the marriage, the parties' means and their contributions.
How is a maintenance order enforced?
Through the ordinary routes for money judgments, including attachment of earnings and, in appropriate cases, committal for wilful default. There is no administrative collection agency, so enforcement means returning to court.
Can the amount be changed later?
Yes. Orders can be varied where circumstances change materially, such as a change in either parent's income or in the child's needs. Given inflation, older orders are frequently worth revisiting.