In the beginning, God created man and also made all provisions available at his disposal. On biblical record, the Garden of Eden was attractively-bedazzling and man was a lone king on planet earth. God saw the need for a partner and he made woman from man. Both were meant for each other. In the face of abuse of position, after the serpent "scam", followed by a stream of condemnation, God did not separate these partners (in crime); instead he gave them unchangeably-unified blessings and curses too; To enjoy peaks and troughs; to share the good and bad times together; to bear the consequences on four shoulders. As man was hit by the hitleric force of The Creator's wrath, one thing led to another and man began to reason that self-preservation is the first law on earth because every man who pays a supreme sacrifice hopes he is on the right path never to be forgotten. Generally, our planet earth became a specimen of pity.Marriage is a God-ordained transformational initiative. Honestly, a call to marital duty is ahead of personal interest. Wikipedia says: “Marriage, also called matrimony or wedlock, is a socially or ritually recognized union or legal contract between spouses that establishes rights and obligations between them, between them and their children, and between them and their in-laws". The keyword here is "children". They are the fruits of every marriage -whether good or bad. But when divorce successfully penetrates into a shaky home, bastardizing the unity of purpose and enthroning the confusion of character, the child becomes the hapless scapegoat. Divorce is a dream-wrecking, cog-in-wheel reality for any child who doesn't have the carte-blanche of choice.
In a much grimmer vein, marriage in Nigeria is going forward and backward like a Barber's chair. The issue of custody of the embattled children of the marriage is only secondary to the issue of the welfare, wellbeing and maintenance. These in fact guide the courts in awarding custody to either of the parties before it, whether the father or the mother. The issues are however not as straightforward and simple. The Matrimonial Causes Act, Cap. M7, Laws of the Federation of Nigeria, 1970 (the “Act”), Part IV, Section 69 defines “Marriage” for the purpose of Maintenance, Custody and Settlement to include the following children of a marriage:
(a) Adopted children by either or both husband and wife.
(b) Any child born before the marriage, whether legitimated by the marriage or not.
(c) Any child (including an illegitimate child of either of them and adopted by either of them) if, “at the relevant time”, the child was already a member of the household of the husband and wife.
It is worthy of note that the legitimacy or otherwise of a child of a marriage as contemplated by the Act appears to be inconsistent with Section 42 (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which provides that “No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.”
Whereas the Act offers no relief to children who are caught in between separation and divorce, a large number of those affected continue to suffer and do not appear to take advantage of the law that is rightly in their favour. This is perhaps a reflection of the socio-cultural backdrop of family life in Nigeria. Most women who are separated from their husbands seem to be reluctant to file for divorce and opt for seemingly perpetual separation. This tentative arrangement makes it all the more imperative to ensure that legally binding arrangements are put in place for the welfare of the children.
Nonetheless, this is where the issue of CHILD SUPPORT comes to the fore.
What is Child Support?
Child support is the financial obligation of any parent to support the welfare, upkeep, education, etc. of a child as he or she goes into maturity. If you have custody of your child, the courts assume that you fulfill your financial obligation. If your child does not live with you, however, the courts may require that you pay child support to the custodial parent.
The court may legally terminate your parental rights and financial responsibilities for your child, if both you and the other parent agree that you no longer have to provide support, or if you allow someone else to adopt your child.
If you were not previously married to the child’s other parent, you still owe child support, but the factors involved in determining child support can become more complicated. Factors that play into determining child support include whether or not the child ever actually lived with you, resources of the custodial parent, your income and ability to make child support payments, and how much time you spend with the child.
Children are entitled to some form of support from non-custodial parents. Step parents do not have a legal responsibility to financially support their wards.
Of course the court determines the amounts of child support payments depending upon the parents’ income, and the amount of time each parent has physical custody of the child. Income, as identified by the court, may include wages, tips, commissions, bonuses, self-employment earnings, disability payments, social security benefits, unemployment benefits, workers' compensation, annuities, interest, veteran's benefits, pensions and etcetera.
Summarily, it all depends on the agreement and arrangement of concerned parties. The situation is mostly when the mother is in custody of the child and the "ex-husband" sends the money. But we have heard of cases where the money is being embezzled by the single mother. To avoid this situation, it is common for courts to allocate child support fees to specific cost such as the child’s schooling or health care.
Year-on-year, the writer have heard, seen and read about many cases of child support backlog, celebrities and nonentities alike (on monthly basis): Eddie Murphy ($51,000), Chris Brown ($10,000), Britney Spears ($20,000), Lucadris ($15,000), Nas ($51,000), 50 Cent ($25,000), among others. There was also another story in Information Nigeria about how a couple’s wedding day was ruined by the groom’s former wife. Movern Madhende was getting ready to exchange vows with his fiancée Rejoice Munike. However, the wedding, which took place in Zimbabwe, came to a halt, when the groom was taken away in handcuffs. In some other parts of the world, defaulting men are put under house arrest while being electronically-monitored.
Another unpardonably-bizarre story of Johnny Martin is the ultimate dead-beat dad, faking his own death to avoid paying money to support his young children who were living in Lexington County was brought to justice for his unprecedented efforts to avoid making court-ordered child support payments.
In Nigeria today, the issue of Child Support is an undying Frankestein Monster. We need to wake up to the call for a stiffer sanction because the man is not always ready to fulfill his child support obligations from the onset or after some time. Any man who refuses to pay his child support, or misses child support payments may be charged with ‘contempt of court, property seizure, suspension of your business license, suspension of your driver’s license, tax refund interception, wage garnishment, arrest and time in jail.
Jail term should have more emphasis because, strictly speaking, child support avoidance is equivalent to child abuse (the physical, sexual or emotional maltreatment or neglect of a child or children). This will serve as a strong deterrent to other strong defaulters because the future of the child/children is not another toy story. Period.
