What happens if a parent does not pay court-ordered child maintenance?
Children Act 2022 · sources read 4 Oct 2026
If a parent ignores a maintenance order or misses payments, you (or the child) can go back to the Children's Court to enforce it and recover the arrears. The court can summon or arrest the parent, order the arrears paid, attach their salary (normally up to 45% of annual income), and for persistent wilful refusal jail them for up to 30 days.
- Where
- The Children's Court (any magistrate's court; Milimani and Tononoka are specialised Children's Courts)
Steps
- Apply to the Children's Court to enforce the order and recover the unpaid amounts.
- The other parent is served with notice, and the court can summon them or issue a warrant for their arrest.
- The court may first look into their means, including their income, assets and a statement from their employer.
- If the default is wilful, the court can order the arrears paid at once or in instalments, and attach their earnings or property.
Watch out
- Unless there are special circumstances, salary attachment cannot exceed 45% of the parent's annual income in any 12 months.
- Jail (up to 30 days) is for persistent, wilful refusal without reasonable cause, with the parent present, where attaching income would not be appropriate.
- The court can also cancel (remit) arrears, but only after giving you notice and a chance to respond.
Who this covers
- Anyone who benefits from a maintenance order, including the child.
Official sources (2)
- The Children Act, 2022 (No. 29 of 2022), Kenya Gazette Supplement childrenservices.go.ke · read 4 Oct 2026
- Magistrate Courts judiciary.go.ke · read 2 Oct 2026