MAINTENANCE IN FAMILY MATTERS IN UGANDA

 

Maintenance.

 

section 76(1) who may apply for maintenance; any person who has custody of a child and who is

-          mother.

-          father.

-          guardian

may make an application for maintenance order.

-          A child in respect of whom a declaration of parentage has been made may also make an application for maintenance through next of friend.

 

section 76(5) an application for maintenance order shall be made by complaint on oath to a family and children court where the applicant resides and summons shall be served on father or mother of the child.

 

Section 76(7) on appearance or proof that summons was served on him or her seven days or more before the hearing, court shall make an order for payment to the applicant of a monthly sum or order lump sum (section 76(9)), funeral expenses if the child died before making the order, costs incurred in obtaining the order.

 

Section 76(8) maintenance shall include feeding, clothing, education and general welfare of the child.

 

Section 77 warrant to attach earnings or levy the distress for the recovery of maintenance money.

 

section 78 variation of maintenance orders; court may make an order increasing or reducing the amount of money previously ordered to be paid, order may be enforced against the estate of a deceased person who has been declared the father or mother.

 

section 80 appointment of custodian; the court on being satisfied that the applicant is not fit and proper person to have custody, is dead or has become of unsound mind or is in prison, it will appoint a person who is willing to have custody of the child to be the custodian of the child.

 

section 81; misapplying maintenance order; the grant of custody may be varied in the best interests of the child.

 

section 82; cessation of order; on child attaining 18 years.

 

section 84; maintenance during divorce, separation or nullity by both parents.

 

Application.

Rule 19(1) of the Children (Family and Children Court) Rules SI 59 – 2 provides that a person seeking for a care order, supervision order, an interim care order, interim supervision order, a search and production order, an exclusion order, recovery order, maintenance order, contribution order, custody order shall apply to court supported by an affidavit and any reports or documents to be relied upon shall be attached to the application. One of these reports include the welfare report as provided for under section 20(2) of the Act in case one is applying for a supervision or care order. Section 19(3) provides that an application under subrule (1) of this rule shall be as specified in Form 1 in the schedule to these Rules.