How is child support determined in divorce?

Columnist

Hi Wakili,

Could you please tell me how is child support determined in a divorce or child support case?

The court in determining child support will be guided by the concept of custodial and non-custodial parenting. Since the custodial parent will physically stay with the child, the threshold set by law is for the non-custodial parent as espoused at Section 94 of the Children Act, this includes: first, the court considers, income or earning capacity, property and other financial resources which the parties or any other person, in whose favour an order can be made, have or are likely to have in the foreseeable future; second, the financial obligations or responsibilities which each party has or is expected to have in the foreseeable future; thirdly, the financial needs of the child and the child’s current circumstances; fourth, the income or earning capacity, if any, property and other financial resources of the child: fifth, the court will pay attention to any physical or mental disabilities, illness or medical condition of the child: sixth, the manner in which the child is being or was expected to be educated or trained: sixth, the court scrutinises the circumstances of any of the child’s siblings: seventh, the court will recall the customs, practices and religion of the parties and the child: eighth, will be whether, the parent from who support is sought has assumed any such responsibility and for long, and in what manner: ninth, will be whether such parent assumed responsibility to maintain the child without first knowing if he or she were the real biological parent of the child: and tenth, the court will review the liability of any other person to maintain the child and the liability of such person to maintain other children.

DN2

How is child support determined in divorce?

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