For non-Muslims in Malaysia, when a marriage ends in divorce, it can be a difficult time for everyone involved, especially the children. One of the most important things to consider during this time is the financial support of the children. In this article, we will explore on the issue of maintenance of children after divorce in Malaysia.
What is maintenance?
Maintenance is financial support that is paid by one parent to the other parent for the benefit of their children. It can be used to cover the costs of food, clothing, shelter, education, and other expenses.
Duration of maintenance of children?
In Malaysia, any child under the age of 18 is entitled to receive maintenance from their parents after divorce. However, the law also provides for the possibility of extending maintenance beyond the age of 18 in certain circumstances, such as if the child is pursuing higher education or training or has a disability.
How is maintenance calculated?
The amount of maintenance that is paid is determined by the court based on a number of factors, including the needs of the child, the income of the parents, and the standard of living that the child is accustomed to.
Essentially it is about determining the needs of children and means of parties (parents).
What happens if a parent does not pay maintenance?
If a parent does not pay maintenance, the other parent can apply to the court to claim for maintenance. It is best to get advice from a divorce lawyer on how to proceed with this claim in the family court in Malaysia.
It is important to provide evidence to show that one parent has deliberately failed to maintain the child supported by the evidence of the child’s needs. The court will then hold a hearing to determine whether to order maintenance and, if so, the amount of maintenance.
Conclusion
The law in Malaysia provides for the right of children to receive maintenance from their parents after divorce.
This is important to ensure that children have the financial support they need to grow up healthy and happy. If you are a parent who is going through a divorce, it is important to understand your rights and options regarding maintenance for your children.
Here are some additional tips for parents seeking maintenance for their children after divorce:
- Be prepared to provide evidence of the child’s needs and show that the other parent has failed to maintain the child.
- Be clear about your expectations for the amount of maintenance you are seeking and it must be reasonable.
Remember, your child has the right to be supported by both parents. Do not hesitate to seek the help you need to ensure that your child is financially secure after divorce.
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