How to apply for child maintenance in Uganda
In brief
A parent, guardian or person with custody of a child may apply to a Family and Children Court for a maintenance order against the child's father or mother under section 121 of the Children Act, Cap. 62; a child for whom a declaration of parentage has been made may apply through a next friend. The duty to maintain a child rests on a parent, guardian or anyone with custody (s.5). Where paternity is disputed, the applicant may first seek a declaration of parentage (s.110). A maintenance order can be enforced, including by attaching the payer's earnings (s.122), and varied as circumstances change (s.123).
1. Governing law
Section 5 of the Children Act, Cap. 62 (2023 Revision) imposes a duty on a parent, guardian or any person having custody to maintain the child, giving the child a right to education and guidance, immunisation, an adequate diet, clothing, shelter and medical attention. Section 121 lets a person who has custody of the child — the mother, father or guardian — apply for a maintenance order against the father or mother, and lets a child for whom a declaration of parentage has been made apply through a next friend; the application may be made during a subsisting marriage, during divorce, separation or nullity proceedings, or during separation, and is made by complaint on oath to a Family and Children Court. Where parentage is in issue, an application for a declaration of parentage may be made under section 110, and a declaration is conclusive proof of parentage. A maintenance order may be enforced by a warrant to attach earnings or levy distress (s.122) and varied on application (s.123). The child's welfare remains the paramount consideration throughout (s.3). Statutory text verified against the consolidated Laws of Uganda as at 31 December 2023. Sourced from the Uganda Legal Information Institute (ulii.org).
2. Key statutes & rules
- Children Act, Cap. 62 (2023 Revision) — s.5 (duty to maintain a child); s.110 (declaration of parentage); s.121 (application for a child maintenance order: by the mother, father or guardian against the father or mother; by the child through a next friend; timing); s.122 (enforcement by attachment of earnings or distress); s.123 (variation of maintenance orders); s.3 (welfare paramount).
3. Practical guidance
Confirm standing: a mother, father or guardian with custody may apply; a child with a declaration of parentage may apply through a next friend (s.121).
If paternity is denied, apply first for a declaration of parentage (s.110) — it is conclusive once granted.
Make the application by complaint on oath to the Family and Children Court; you can apply during a marriage, during divorce or separation proceedings, or during separation (s.121).
Put the child's actual needs in evidence — education, food, clothing, shelter, medical care (s.5).
If the order is not paid, enforce it by a warrant to attach earnings or levy distress (s.122); apply to vary it if circumstances change (s.123).
This note is a practitioner orientation, not legal advice, and does not create an advocate–client relationship. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule and authority against the current primary source — and the specific facts of your matter — before filing or relying on it.