Last week, word spread  in the media that Pastor Franklin Mondo Mugisha of Empowerment Christian Centre Church International has for a long time allegedly neglected his 11-year-old son.

Sarah Nakuya, the mother of the boy, told Bukedde TV that she had tried to chase after Pastor Mondo to urge him to perform his duties as a father, in vain.

In such a case, the starting point would be to establish whether the person in context is actually a child.
According to the Constitution, the age of majority is 18. Section 2 of The Children Act also defines a child as a person below the age of 18 years. Therefore, Nakuya's son is a child since he is below the age of 18.

What does the law say about child support?

Article 34 (1) of the Constitution provides that all children have a right to be cared for by their parents or those entitled by law to bring them up.

Section 5 of The Children Act imposes a duty on the parent, guardian or any person having custody of the child to maintain that child, so that the child is able to enjoy their rights to education, clothing, medical attention, shelter and many others.

The paramount principle in cases of custody, maintenance and parenting is the welfare and best interest of the child. The term welfare in children's matters means that all circumstances affecting the wellbeing and upbringing of the child have to be taken into account.

Even in cases of divorce, separation or nullity, the law requires both parents to continue maintaining and educating their child. The quarrels and bitterness between Pastor Mondo and Nakuya should not affect the maintenance of their son.

Nakuya reveals that the boy has failed to report back to school because his father, Pastor Mondo, has not fulfilled his obligation.

What is the way forward?

Section 76 of The Children Act allows the mother, father or guardian having custody of the child to make an application for maintenance order against the father or mother.

The application can be made at any time, even during pregnancy. However, it must be made before the child attains 18 years since it ceases to have effect upon the child attaining 18 years.

Once the summoned party appears in court, and evidence heard from both sides, a monthly sum of money may be determined by the court, having regard to the circumstances of the case and the financial means of the father or mother, for the maintenance of the child.

For avoidance of doubt, maintenance includes feeding, clothing, education and the general welfare of the child. Sometimes, if the court deems it fit, they will order that a lump sum of money be paid to the court, which will, in turn, give it to the child for their maintenance.

What if someone does not pay?

Where someone fails to pay maintenance, their earnings can be attached, their property can be seized and sold to recover the money due and all costs incurred, or be distributed to the aggrieved party for purposes of the child’s maintenance. The money set by court can be reduced or increased, according to circumstances surrounding the case.

Mondo insists that he has been in a financially hard place, thus neglecting the child. However, three years is a long time and following his several media appearances and run to the US, one can only imagine how much money he invests in his own life.

Also, important to note is the point that if a person who has custody of the child misapplies any money paid for the maintenance of the child, he or she commits an offence and the child may be removed from their custody.

So, if they send you money for school fees and you instead resort to chilling with the big boys, you are at a risk of losing custody of that child and also facing charges in courts of law.

The writer is an advocate

Note: The article is intended to provide information about general statements of law and is not intended to create an advocate-client relationship. Contact a lawyer on specific legal problems