Yesterday, I got a random call from someone on Twitter who called me for help. He claimed to have been arrested for failing to pay Child Support. The Court had issued a Decree ordering him to pay X shillings monthly after he absconded from appearing in court
THREAD!
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THREAD!
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Let me do a detailed tweet on Child Support, Child Maintenance, and Parental Responsibilities, then list some of the Key Clauses that must be included in the Parental Responsibility Agreement [PRA] when Parents have a sit down with a lawyer to draft one.
First and foremost,
Child Support and Child Maintenance are mandatory payments. There is no way around it. You will be arrested if you do not pay.
The Law loves Children the most, then women, then a rich man, then politicians, then voters, and lastly men, in that order.
Child Support and Child Maintenance are mandatory payments. There is no way around it. You will be arrested if you do not pay.
The Law loves Children the most, then women, then a rich man, then politicians, then voters, and lastly men, in that order.
Before you get yourself arrested for failing to pay Child Support, you must have been served with a Demand Letter, which you disregarded to respond to.
Just like every other case, our first action as lawyers is usually to send a demand letter!
Just like every other case, our first action as lawyers is usually to send a demand letter!
Unlike any other Demand Letter, the tone for this Demand Notice is usually the most polite. Other Demand letters are extremely harsh in tone.
The purpose of this Demand Letter is to summon the non-custodial parent to show up for a discussion on child support, visitation rights, medical expenses, education, shelter and any other relevant matters related to the child's upbringing.
The Meeting is usually conducted at the Lawyer's office or a family-friendly restaurant like CJ's.
The non-custodial parent will be given 15 days to show up for that meeting. If s/he fails to attend the meeting or provides a reasonable explanation for his/her absence, the custodial Parent will file a lawsuit at the Childrens Court without further notice to the other party.
The Demand letter will also be tendered in court as evidence for non-compliance.
Here is a very basic template draft of a Demand Letter
To avoid this unavoidable arrest and embarrassment, whenever you receive a Demand Letter from a Lawyer, always attend the meeting to discuss Child Maintenance and Parental Responsibility for your Child.
In the Meeting you will come up with something called a PRA - PARENTAL RESPONSIBILITY AGREEMENT.
The good thing is that you can negotiate your terms and will only contribute to your capacity.
You will also be guaranteed visitation rights or joint custody, whichever you prefer.
The good thing is that you can negotiate your terms and will only contribute to your capacity.
You will also be guaranteed visitation rights or joint custody, whichever you prefer.
PARENTAL RESPONSIBILITY AGREEMENT [PRA]
Let us now examine this PRA and discuss some of the key provisions that it MUST include in order to prevent future wars and misunderstandings
Let us now examine this PRA and discuss some of the key provisions that it MUST include in order to prevent future wars and misunderstandings
![PARENTAL RESPONSIBILITY AGREEMENT [PRA]
Let us now examine this PRA and discuss some of the key pro...](https://pbs.twimg.com/media/F2kWJQ5WMAA-M0r.jpg)
1. RECITALS
It must include some recitals outlining your desires as well as unequivocally state that you have consented to the agreement you are entering.
It must include some recitals outlining your desires as well as unequivocally state that you have consented to the agreement you are entering.
2. EACH PARENT IS FIT AND PROPER
Must outline that each Parent is fit and proper to take care of the child. At the meeting, you will discuss addiction issues such as alcoholism, drug use, and or any health complications that a parent is experiencing such as epilepsy, bipolarity
Must outline that each Parent is fit and proper to take care of the child. At the meeting, you will discuss addiction issues such as alcoholism, drug use, and or any health complications that a parent is experiencing such as epilepsy, bipolarity
3. PHYSICAL CUSTODY AND PARENTING TIME
It will outline Parenting Arrangements and Residential Schedule. Which parent will have to have visitation or actual custody of the child during weekdays and Weekends
It will outline Parenting Arrangements and Residential Schedule. Which parent will have to have visitation or actual custody of the child during weekdays and Weekends
4. INFORMATION SHARING
Both parties will provide contact telephone numbers and addresses to the other party, including travel itineraries, etc.
Both parties will provide contact telephone numbers and addresses to the other party, including travel itineraries, etc.
5. SCHEDULING TIME SHARING ON HOLIDAYS & SCHOOL BREAKS
The agreement should create a schedule for the above.
The agreement should create a schedule for the above.
6. TRANSPORTATION & EXCHANGE OF CHILD
It works best for parents who only seek visitation rights for a limited time, usually on weekends. They take the child on a playdate for a few hours and then return full custody to the parent. The child never spends the night at their house.
It works best for parents who only seek visitation rights for a limited time, usually on weekends. They take the child on a playdate for a few hours and then return full custody to the parent. The child never spends the night at their house.
7. EDUCATION
Decisions including schools, tuition and school fees budget, uniform and whatnot.
Decisions including schools, tuition and school fees budget, uniform and whatnot.
8. HEALTHCARE
Both parents' healthcare insurance to cover the child.
Both parents' healthcare insurance to cover the child.
9. COMMUNICATION
It must outline communication between:
a. Father and mother
b. Non-custodial parents and child.
Issues of one Parent turning the child against the other parent.
It must outline communication between:
a. Father and mother
b. Non-custodial parents and child.
Issues of one Parent turning the child against the other parent.
10. FINANCIAL RESPONSIBILITIES
Outline each parent's contribution, which could be equal or equitable (whoever earns the most pays the most).
Arrearage: The Non-custodial parent to reimburse the other parent for all the amount s/he has spent on the child for the past years
Outline each parent's contribution, which could be equal or equitable (whoever earns the most pays the most).
Arrearage: The Non-custodial parent to reimburse the other parent for all the amount s/he has spent on the child for the past years
11. TRUST ACCOUNT, WILLS & INHERITANCE
Establish a Trust Account for the Child each parent to contribute a certain amount monthly. Funds for future education, e.g. University
To avoid future disputes with relatives, each parent should write a Will for the sake of the child.
Establish a Trust Account for the Child each parent to contribute a certain amount monthly. Funds for future education, e.g. University
To avoid future disputes with relatives, each parent should write a Will for the sake of the child.
12. DISCIPLINE
Agree that no parent will spank the child.
13. DISPUTE RESOLUTION
Outline the methods for conflict resolution and mediation during a conflict between
Agree that no parent will spank the child.
13. DISPUTE RESOLUTION
Outline the methods for conflict resolution and mediation during a conflict between
DISCLAIMER
[ This Tweet generally explains the law in force in Kenya and does not constitute an opinion or a legal opinion. To find out the rules specific to your situation, write to info@wjmaxwelll.co.ke or Call/WhatsApp at 0733 610 961 ]
[ This Tweet generally explains the law in force in Kenya and does not constitute an opinion or a legal opinion. To find out the rules specific to your situation, write to info@wjmaxwelll.co.ke or Call/WhatsApp at 0733 610 961 ]
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