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(1)A person who has custody of a child and who is—
(a)the mother of the child;
(b)the father of the child; or
(c)the guardian of the child,
may make an application for a maintenance order against the father or mother of the child, as the case may be.
(2)A child in respect of whom a declaration of parentage has been made may also make an application through a next of friend for a maintenance order.
(3)An application for a maintenance order may be made—
(a)during a subsisting marriage;
(b)during proceedings for divorce, separation or nullity of marriage;
(c)during separation;
(d)during proceedings for declaration of parentage; and
(e)after a declaration of parentage has been made.
(4)The application may be made—
(a)at any time during pregnancy; or
(b)before the child attains eighteen years of age.
(5)An application for a maintenance order shall be made by complaint on oath to a family and children court having jurisdiction in the place where the applicant resides, and the summons shall be served on—
(a)the father of the child; or
(b)the mother of the child.
(6)The court shall issue a summons to the father or mother of the child to appear before the court on a day named in the summons.
(7)On the appearance of the person summoned or on proof that the summons was duly served on him or her, seven days or more before the hearing, the court shall hear the evidence of the applicant and shall also hear any evidence tendered by or on behalf of the father or mother; and the court may then, having regard to all the circumstances of the case, proceed to make an order against the father or mother for the payment to the applicant of—
(a)a monthly sum of money as may be determined by the court, having regard to the circumstances of the case and to the financial means of the father or mother, for the maintenance of the child;
(b)the funeral expenses of the child if the child has died before the making of the order; and
(c)the costs incurred in obtaining the order.
(8)Maintenance shall include feeding, clothing, education and the general welfare of the child.
(9)If the court thinks fit, it may, in place of a monthly payment, order that a lump sum determined by the court be paid into court and that the sum shall be expended on the maintenance of the child.
You have the right to apply for a child maintenance order if you have custody of a child and are the mother, father, or guardian. A child with a decla...
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