 Child maintenance? Is it comparable or voluntary? The question of the comparability of a child maintenance is one that many demand answers to. The laws regarding children born in a marriage and the laws regarding children born outside of marriage do differ. Can a father be compelled to pay for child maintenance of a child he did not want? This is a great question. What is child maintenance? Child maintenance is an ongoing periodic payment made by parents for the financial benefit of a child, following the end of a marriage or any other relationship. Child maintenance is paid directly or indirectly by an obligor to an obligee for the care and support of the children of a relationship that has been terminated or in some cases never existed. Parents generally have the responsibility to take care of their children and provide all they need to live. However, there are also instances where parents have failed to adequately provide for their children financially. As a result, many parents and guardians have turned to the court or law enforcement authorities to enforce a child or guidance support order. The object of a maintenance order is to protect and safeguard the welfare and well-being of the children of the marriage or children born outside of a marriage. Its purpose is to ensure that a child has the financial security and protection that he or she requires. Can a father who did not want the child be compelled to pay child maintenance? Yes, he can. Children born outside of a marriage are usually on the wrong ladder of the society in terms of maintenance. Most times they are faced with denial and, in some cases, outright abandonment by one or both parents. They are most often denied the necessary financial maintenance required by either of the parent. Nonetheless, section 142 of the Child Rights Act states that every child has a right to maintenance from his or her parent or guardian in proportion to their financial capabilities and that the child has the right to pursue this right in family courts in proper circumstances. The law compels parents of children to ensure the proper maintenance of their children. In a situation where the mother of the child does not need financial help from the father to take care of the child, the father does not need to pay child maintenance. Nonetheless, in a situation where she needs help, the father can be compelled to pay child maintenance as he is under an obligation by the law to take care of the child. In such a case, the child can apply to the welfare department of any state which will, in turn, apply to the family court. For an order of the maintenance, in Lagos State, the criminal code law of Lagos State makes it a crime for a parent or guardian to fail to provide for maintenance. By the combined provision of sections 206 and 207 of the criminal code law of Lagos State 2015, Lagos State states that it is the duty of every person as a head of a family or has charge of a child, being a member of his household, to provide the necessities of life for such child and he is held to have caused any consequences which result to the life or health or any person because of any omission to perform that duty. Thus, a child who is denied necessary maintenance can make a formal report to the relevant law agencies to enforce this right. For instance, there are instances where a single mother will be unable to get financial assistance from the father of her child. It is usually advisable that a single mother who has found herself in such a situation should take full advantage of the section and seek help at the gender section of the police command in Lagos, for example. For immediate prosecution. Finally, the position of the law is key on the matter at hand. A father is comparable under the Child Rights Act 2003, criminal law of Lagos State to pay for child maintenance regardless of whether he wanted that child or not. What is your opinion? I actually have to go first on this one. Come for you. Come for you go first there. Because I'm a lawyer and for me what just jumped out for me here is that the man again is the one put front and center with the fight for equality and gender rights here. I think what we also need to do is to make it a level playing field. That probably needs to be reworked also. So it's not just the man, it's also the woman. One of them can be compelled. So if the woman has, then she should be made to pay also. If it's the man that has, then he should be made to pay. Not one-sided. I think for me that was what stood out for me the most. Now that we're playing this level playing field, it should apply to maintenance for children. Over. Thank you. All right. Okay, for me what is worrying is the level of illiteracy that I'm starting to realize that many of us are suffering from. I can admit here that I didn't even know that we had the laws right that compels a father to pay for maintenance for his child. I know loads of single women, right? I mean right now it's not balanced. I know loads of single women who have had to struggle for years alone and they didn't know that they had the costs to the law. And you see this thing is consistent in everything that affects us as Nigerians. We have no awareness of the laws that protect us in employment, in marriage, in children. Just name it. So I think for me, right, we really need to start to change the curriculum of our schools. Somewhat. I don't know at what level because information is, knowledge is par. But you can't even have, how do you act? How do you fight for what is your right when you don't even know? I didn't know. I can agree. I didn't know until this session. So this is new information that I'm going to now start to put out there. Yeah, absolutely. I agree. Which is why I'll add a little to what you just, the quote, you know the quote has been updated a bit. So it's now applied knowledge is par. Yeah. Because guess what, the knowledge is there. But then we don't have it. We don't, you know, application, right? Applied knowledge is par because there's the knowledge. I've never heard, this is the first time hearing of this. Like you said, I know loads of single mothers that struggle year in, year out, you know, to feed their children. And the fathers actually in the place in a better position to actually provide this, you know, basic message of life. But they don't even realize that they can seek, you know, redress in court. But hey, there's also the part where you go to court, you know, do you actually get those injunctions? And then are they enforced, right? Because, yeah, so they don't know. So when they now know, and they now make, you know, the decision to, you know, to take that step, do they actually get the redress? Yes. The other question, sorry, quickly is, I don't understand the part where they say, demand that you not to want the child. But that's a whole different conversation. That's a whole different conversation. Because I don't... Yeah, that's a whole different conversation. Maybe you can help as a lawyer. What does that mean? I'm a man, I don't know what it means. At the point where you're doing certain things, you know there's the possibility of this happening. So whatever the outcome is, if you say you don't want it and the mother of the child says, I want it, I'm not willing to risk my life to go through an abortion, which is illegal I guess. Exactly. At the point where you are having that conversation, you should know that whatever happens, you have a responsibility. It's no longer, I don't want it. It's now we. It exceeds just your own decision. And also just to reply to comfort. The reason why it might sound like they are going after men is because in Nigeria especially, you have too many single mothers. You have a situation where it is just the women that cater for these children all their lives. And the men are having kids by different women and not caring whatever it is that happens to the child. So that is why it might sound a bit like the law is enforcing it more on the men than the women because it is what is rampart in our state and we can't deny that. And I get that and I honestly understand that I think for me also more important than the financing so that for me honestly I'm sorry if the man is not ready to do it. I am more interested in the emotional well-being of the child. Now when these maintenance custody battles come up, it's not even the parents that go through this. It's the children. And because we live in a patriarchal society as it is, let us face it in the long run, the men tend to get away with this. I normally would advocate to single men that look, honestly if you can take care of your child, leave him let him do what he wants. But for the health of your own child, is there a way you can have a relationship for your child? Because we are also growing up with a lot of children who have daddy issues. And comfort. So for me it's the balance. Do you want the money or do you want the emotional? Comfort is what you are talking about. Psychological health. What you are talking about is actually the crux. Like you are saying, men who don't want. For me that is what I was going to talk about, the irresponsibility of certain men. Because how can you get a woman pregnant and say you don't want the child? Listen, even if you have all the problems in this world with the mother, as long as you are the father of that child, go for your DNA test. And you know that this is your child. You do not have a choice, but to take care of that child. Because if you are not able to take care of your child, what you are saying in essence is that if you were to see somebody in your area dyingly in need of help, you would not help that person. That's what you are saying. And you are more of a curse to the society than any other thing. But in a situation where maybe they used protection for some reason, protection failed, it goes beyond and he knows that he can't financially be able to afford it. But that's a different thing. Can such person be held liable to provide when they know you don't have money to do it? I mean you will be held the little you have, you must contribute from that. Exactly, that's it. So, let's bring you home then. Tolu is next after this break.