The controversy surrounding the issue of money payments to the spouse after a divorce between the parties seems to predate time itself. This is understandable given that in several cases spouses had to make compromises in all areas of life; from their work to their personal identity and their individual choices. The list is endless. One scenario would be where a woman would have to give up her job to move to where her husband lives for the purpose of cohabitation. One would expect that upon the dissolution of the above marriage, such a woman would receive some sort of cash reward to meet her needs.
This article examines the legal aspects related to child support payments in Nigeria, including the factors that determine the amount and duration of child support payments, the rights and obligations of the parties involved, and enforcement of child support payments.
INTRODUCTION
The Black’s Law Dictionary defines alimony as an allowance paid by one spouse to another by order of the court to meet the maintenance of the other spouse during separation, during the divorce proceedings, or after divorce1.
Alimony, also known as spousal support or spousal support, is financial support that a court orders a person to give to their spouse during separation or following divorce proceedings2.
The following can be derived from the above definitions:
- Maintenance payments are usually made in the form of money.
- It is usually granted by a court order.
- The amount of money awarded serves to finance the maintenance of the other spouse.
- It can be ordered against both male and female spouses.
- It can be ordered for the duration of the proceedings or extended beyond the conclusion of the divorce proceedings.
It is interesting to note that the alimony payment is not a penalty, nor is it granted as punishment for the misconduct of either party. The sole purpose of ordering alimony is to provide maintenance to an eligible party at any stage of the divorce proceedings or beyond.
Another point worth noting is that while alimony can be issued for both valid and invalid marriages, this does not apply to marriages entered into under Muslim rites or customary law.3
The legislation that regulates divorce matters and also alimony procedures is the Matrimonial Causes Act LFN 1990, a law applicable to legal marriages throughout Nigeria.
Child support payments are not mandatory: what would the court consider?
The award of alimony is non-compulsory, meaning that a court is not required to order alimony against a party in a divorce proceeding in Nigeria. The granting of a maintenance order is largely discretionary. The judges are free to rule in any manner they choose in determining whether the parties to the divorce proceeding will pay or receive maintenance from the other spouse.
Section 70 of the Act4 regulates the court’s powers in maintenance proceedings. The said section is created below.
Judicial Powers in Maintenance Proceedings
(1) Subject to this Section, in proceedings relating to the maintenance of a spouse or children of the marriage, other than maintenance proceedings pending the conclusion of the proceedings, the court may issue such an order in its sole discretion having regard to the means, earning capacity and conduct of the spouse and any other relevant circumstances.
(2) Subject to this Section and the court rules, in proceedings ordering maintenance for a spouse or children of the marriage, the court may, pending the conclusion of the proceedings, make such an order, taking into account the means, earning capacity and conduct of the spouses, as well as all other relevant ones circumstances appropriate.
(3) The court may also order a party to pay maintenance if a decision has been or has been made against this party in the proceedings in which the maintenance proceedings are concerned.
(4) The power of the court to make an order in respect of the maintenance of the children of the marriage shall not be exercised in favor of a child who has reached the age of 21 unless the court is of the opinion that this is the case if there are special circumstances justifying the issuance of such an order in favor of that child5
Under Nigerian law, the court has discretion to order a spouse to pay alimony to the other based on a number of factors. As already mentioned, the courts are not bound by strict rules for awarding alimony. In a case where the court decides to grant it, it must be guided by a few factors in making the decision. We will examine the mentioned factors below:
The income and earning capacity of each spouse: The court takes into account the income and earning capacity of each spouse when determining the amount of maintenance to be paid. This includes any income from employment, investments or other sources.
The financial needs and obligations of each spouse: The court also takes into account the financial needs and obligations of each spouse when determining the amount of alimony to be paid. This includes expenses like rent, utilities, and medical bills.
The length of the marriage: The length of marriage is also a factor in determining alimony payments. In general, longer marriages result in higher alimony payments.
The standard of living during marriage: When determining alimony payments, the court takes into account the standard of living of both spouses during the marriage. This includes factors such as housing, transportation and entertainment costs.
The age and health of each spouse: The age and health of each spouse are also factors in alimony payments. If a spouse has health problems that prevent them from working, for example, they may be entitled to higher alimony payments.
Payment of the requested alimony or alimony, if the court authorizes it, may be ordered as a lump sum, weekly, monthly or at the discretion of the court6.
The factors that the court will consider are exhaustive and largely discretionary. The case of Nakanda v. Nakanda is very instructive on this principle7. The age-old principle that the husband is the only spouse obliged to pay maintenance to his wife is no longer valid. Either party may be required to pay alimony.
RIGHTS AND OBLIGATIONS OF THE PARTIES
There are two parties involved in alimony payments: the paying spouse (debtor) and the receiving spouse (creditor). Each party has certain rights and obligations under Nigerian law.
debtor’s rights
The debtor has the right to challenge the amount of maintenance ordered by the court. You can do this by submitting a request to change or lift the order. The debtor also has the right to request a review of the maintenance order if his or her financial situation changes.
obligations of the debtor
The debtor is obliged to pay the amount of maintenance ordered by the court. Failure to do so may result in legal consequences, such as B. Contempt of prosecution.
Creditor Rights
The creditor is entitled to the maintenance payments ordered by the court. You also have the right to request a review of the maintenance order if your financial circumstances change.
obligations of the creditor
The creditor is obliged to use the maintenance payments for a specific purpose, namely to financially support his livelihood.
Enforceability of Maintenance Orders
Enforcing alimony payments in Nigeria can be challenging. The court has limited powers to enforce maintenance claims and delays in enforcement are common. However, there are several options available to parties wishing to enforce maintenance claims.
One option is to file a contempt of court order against the debtor for failure to comply with the order. This can result in fines or imprisonment for the debtor.
Another option is to apply for a garnishment order, which allows the creditor to collect alimony payments directly from the debtor’s wages or bank account. This can be an effective way to ensure timely and consistent child support payments.
DIPLOMA
Alimony is an important legal consideration in divorce and separation cases in Nigeria. The court has discretion to order a spouse to pay alimony to the other based on a number of factors, including income, financial needs, length of marriage, standard of living and medical condition. Both parties have rights and obligations under Nigerian law and while enforcing alimony orders can be challenging, there are ways to resolve these issues. It is important for parties involved in maintenance cases to seek legal advice and representation to ensure their rights are protected and their obligations are met.
footnotes
1. https://www.google.com/search?q=blacks+law+alimony&oq=blacks+law+alimony&aqs=chrome..69i57j0i8i13i30l2j0i390i650l4.8826j0j7&sourceid=chrome&ie=UTF-8
2. https://www.google.com/search?q=alimony&oq=ali&aqs=chrome.0.69i59l2j69i57j46i199i433i465i512j69i60l4.5550j0j7&sourceid=chrome&ie=UTF-8
3. Section 69 of the Matrimonial Causes Act LFN 1990
4. Section 70 of the Matrimonial Causes Act LFN 1990
5. Section 70 of the Matrimonial Matters Act.
6. Section 73 of the Matrimonial Matters Act.
7. Unreported appeal CA/L/99/81 of 6/17/88.
The content of this article is intended to provide a general guide to the topic. Professional advice should be sought as to your specific circumstances.
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