Effect of Not Paying Child Support in Nigeria

Quick answer: Effect of Not Paying Child Support in Nigeria is a public legal-education guide. The correct legal step may depend on the facts, documents, location, timing, and current law, so readers should seek tailored legal advice before acting.

This article is provided for general legal education only and is not a substitute for advice on a specific matter.

Introduction

EFFECT OF NOT PAYING CHILD CUSTODY

The phrase "child support" is frequently used in divorce and family court matters. It refers to the regular payments that one parent—typically the non-custodial parent—makes to the other—the custodial parent—in order to raise their kid.

Child support payments are meant to cover the following:

• Food, clothing, housing, and other necessities of the children
• Healthcare and other medical expenses
• Educational expenses and daycare costs
• Extracurricular activities and clubs
• Other reasonable expenses

Child support may be ordered primarily to protect the child from the financial hardship that can arise from their parents' divorce or separation. In other words, child support enables the child to continue receiving financial advantages as though they were still residing in a two-parent home. A biological parent is required by law to provide for their child, so child support is also court-ordered.

In some cases, a court may impose a child support order that is either lower or greater than the amounts calculated using the guidelines. A judge might order a higher sum to be paid, for example, if the parent who is required to pay support has an exceptionally high income or the kid needs particular medical care.

WHAT ARE THE LEGAL EFFECT OF NOT PAYING CHILD SUPPORT?

Failure to pay the stipulated amount of child support when the court has ordered it can have serious legal and financial repercussions. A parent can be held in contempt of court and punished with monetary fines, jail time, or both if they are financially capable of paying support yet wilfully disobey a court order.

The parent's credit score may be impacted if the missing payments are reported to credit bureaus as debt.

The parent's recreational and driving licences

may be suspended or revoked by the court. The court may, in the worst situation, even cancel a professional licence, such as one granted by a bar organisation or medical board.

The court may issue a garnishment order to the other parent. A wage garnishment order will instruct an employer to withhold a specific amount from an employee's paycheck until the debt is satisfied.

A court may also impose a warrant for the arrest of a debtor parent or hold them in contempt of court.

There may be unofficial agreements between some parents regarding child support. It's important to realise, however, that these verbal agreements are not binding in court and that the custodial parent cannot file a petition for nonpayment unless a judge has signed and issued an order enforcing them. This is why it is crucial to establish child support with a court order, whether you and the other parent come to an out-of-court agreement or a judge makes the decision.

NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only.

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