Child support obligations in Tanzania
I am a father of two children, aged 6 and 10. I was recently divorced, and my ex-wife has full custody of the kids. However, I am financially struggling and unable to pay the child support as ordered by the Court after losing my job due to changes brought about by the Trump administration, which are affecting a project in Tanzania. My ex-wife is threatening me with legal action. I have tried to negotiate with her, but we cannot reach an agreement. What does Tanzanian law say about my situation?
JL, Kigoma
Under the Law of the Child Act, Cap. 13 [R.E 2019], a parent is legally obligated to provide financial support for their children, regardless of marital status. The Law of the Child Act requires that a parent must ensure the welfare of their child, including education, healthcare, and general well-being. If you are unable to meet your child support obligations due to financial hardship, you may apply to the Court for a modification of child support payments, providing evidence of your financial situation. According to section 49, a Court may vary or discharge maintenance orders, and in doing so, the Court will assess whether the change is justified while still prioritising the best interests of the children. However, failure to pay child support without seeking modification can result in legal consequences, including enforcement actions such as salary deductions or, in your case, property seizures amongst others.
Further, if a parent deliberately avoids payment, the Court may impose penalties or even restrict certain rights until the maintenance obligation is fulfilled. It is advisable to consult your lawyer to explore options for adjusting payments while ensuring the children’s needs are met.