Nigeria Rights Guide
How to Claim Child Support (Maintenance) in Nigeria
Both parents are legally obligated to maintain their children in Nigeria under the Child's Right Act 2003. Apply for a maintenance order at the Family Court — free of charge.
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Nigerian Law
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Direct Answer
The Child's Right Act 2003 (adopted in most states) and the Matrimonial Causes Act require both parents to financially maintain their children regardless of marital status. You can apply for a maintenance order at the Family Court or High Court at no cost. Courts assess both parents' means and set a fair monthly amount.
What the Law Says
Your Legal Foundation
Child's Right Act 2003
Section 14
“Every parent or guardian of a child has the duty to maintain the child. Failure to maintain a child is an offence under this Act.”
Matrimonial Causes Act Cap M7 LFN 2004
Section 70
“The court may make such order with respect to the maintenance of children of the marriage as the court thinks proper.”
Child's Right Act 2003
Section 3
“In all actions concerning children, the best interests of the child shall be the primary consideration.”
Common Questions
Frequently Asked Questions
Does the Child's Right Act apply in all states?
Most southern states and the FCT have adopted the Child's Right Act. Some northern states have not and operate under similar provisions in their own children's welfare laws. Contact FIDA or a local legal aid office for your specific state.
Can I claim child support if we were never married?
Yes. The duty to maintain a child under Nigerian law is independent of marital status. Both biological parents are obligated. If paternity is disputed, the court can order a DNA test.
The father is abroad — can I still claim maintenance?
Yes, though enforcement is more complex internationally. The court can still make an order. Enforcement abroad depends on bilateral agreements. Consult a lawyer who can advise on international enforcement options.
Can a maintenance order be varied later?
Yes. Either parent can apply to the court to increase or decrease the maintenance amount if there is a significant change in circumstances — such as job loss or a major increase in the child's needs.
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