Parents in Ghana have a legal responsibility to provide for their children, even when they are separated, divorced or were never married. A parent cannot simply walk away from this responsibility because the relationship with the other parent has ended.

The Children’s Act, 1998 (Act 560), sets out the duties of parents and provides a legal process for caregivers to seek financial support when a parent fails to contribute to a child’s upkeep.

For parents and guardians struggling to meet a child’s needs alone, the Department of Social Welfare and the Family Tribunal are important places to seek assistance.

Who is responsible for paying child maintenance?

Under the Children’s Act, a child is a person below the age of 18. Section 6 places a duty on parents to care for and maintain their children, whether the parents are married or not and whether they live together or separately.

This means that both parents have a responsibility to contribute to the child’s welfare. A parent cannot avoid that duty simply because the child lives with the other parent.

The law also recognises responsibilities in certain other care arrangements, including foster care.

Where one parent has custody and the other fails to provide support, the parent or caregiver looking after the child may seek a maintenance arrangement or apply for a maintenance order.

What does child maintenance cover?

Section 47 of Act 560 requires a parent or another person legally responsible for a child to provide the necessities of health, life, education and reasonable shelter.

In practical terms, these needs may include:

• Food and nutrition: Money towards the child’s daily meals and adequate diet.
• Education: Support for the child’s basic education and related needs.
• Healthcare: Medical attention, treatment and other necessary health expenses.
• Clothing: Appropriate clothes and other basic personal needs.
• Shelter: A reasonable and safe place for the child to live.
• General welfare: Other necessary expenses connected to the child’s care and development.

The law does not set one fixed maintenance amount for every child. The amount depends on the circumstances of the case and the financial capacity of the people responsible.

How can a parent or caregiver apply at Social Welfare?

A parent or guardian who is not receiving support can begin by reporting the matter to the Social Welfare and Community Development Department at their District Assembly.

The department handles child-related welfare matters, including maintenance, custody, access and family reconciliation.

A practical first step is to:

1. Visit the Social Welfare office in the district where the child lives.
2. Explain the situation and report the failure or refusal to contribute to the child’s upkeep.
3. Provide details about the child, the other parent and the support being requested.
4. Cooperate with the social welfare officer during discussions or mediation.
5. Follow the officer’s guidance if the matter needs to be referred to the Family Tribunal.

Social Welfare officers may invite both parents to discuss the child’s needs and work towards an agreement. They may also investigate the circumstances and prepare a social enquiry report when required by the Tribunal.

It is important to understand that an arrangement reached through social welfare discussions is not the same as a formal maintenance order issued by a Family Tribunal. Where an enforceable court order is needed, the matter can proceed to the Tribunal.

How to apply for a maintenance order at the Family Tribunal

Under Section 48 of the Children’s Act, a parent, guardian or any other person who has custody of a child may apply to a Family Tribunal for a maintenance order.

A child may also apply through a next friend. A probation officer, social welfare officer or the Commission on Human Rights and Administrative Justice (CHRAJ) may also bring an application.

The application is made against the person who is legally responsible for maintaining the child.

The Family Tribunal operates within the District Court system. Its proceedings are intended to be informal and conducted by inquiry rather than as a highly adversarial court process.

Documents and information that may be useful when reporting the matter or preparing an application include:

• The child’s birth certificate, if available.
• Identification and contact details of the applicant.
• Details of the other parent or person expected to provide support.
• Information about the child’s living arrangements.
• Records of school, medical and other essential expenses.
• Any available evidence of previous maintenance payments or attempts to obtain support.

Applicants should confirm the specific forms and filing requirements with the relevant office.

How does the Tribunal decide the amount?

The Tribunal does not simply choose an amount without considering the circumstances.

Section 49 requires it to consider factors including:

• The income and wealth of both parents or the person legally responsible.
• Any impairment affecting the person’s ability to earn.
• Financial responsibilities towards other children.
• The cost of living in the area where the child resides.
• The rights and welfare of the child.
• Any other relevant circumstances.

Under Section 50, the Tribunal may request a social enquiry report from a probation officer or social welfare officer before making its decision.

The Tribunal may order regular payments or a lump sum. It may also make an order for maintenance arrears where appropriate.

What happens when a parent refuses to pay?

A parent who fails to comply with a maintenance order may face enforcement action.

Section 51 allows the Tribunal to make orders involving periodic payments, lump-sum payments and attachment of the earnings or property of the person responsible. It can also make an order for arrears.

Section 56 provides for an action to enforce a maintenance order 30 days after the order is made or becomes due.

The Act also makes failure to provide the legally required necessities for a child an offence under Section 59. The provision includes a possible fine, imprisonment for up to six months, or both, upon summary conviction.

A parent who is struggling financially should seek a variation of the order through the Tribunal rather than simply stop paying.

Can maintenance continue after a child turns 18?

Generally, a maintenance order expires when the child turns 18 or dies. It may also end before the child turns 18 if the child becomes gainfully employed.

However, Section 54 allows the Family Tribunal to continue a maintenance order beyond the age of 18 where the young person is undertaking continuing education or training.

Maintenance and access to the child are separate issues

Disagreements over access to a child should not be used as a reason to ignore maintenance responsibilities.

The Children’s Act makes provision for both maintenance and access. A parent who is being denied access can seek an appropriate order from the Family Tribunal.

Similarly, a parent who is responsible for maintenance should not assume that paying money automatically gives them custody of the child.

Where should parents seek help?

Parents and guardians who need support can contact the Social Welfare and Community Development Department at their District Assembly and ask about child maintenance services.

Where discussions do not resolve the matter, they can seek information about applying to the Family Tribunal at the District Court. They may also seek legal advice or assistance from CHRAJ or the Legal Aid Commission.

The central principle under the Children’s Act is that a child’s welfare must remain the priority. The responsibility to provide for a child does not end when a relationship or marriage breaks down.

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