child support Archives - Trusted Divorce Lawyer in Malaysia

Alimony and child support are two of the most important financial issues that need to be addressed in a divorce for non-Muslims.

Alimony, also known as spousal support, is money that one spouse pays to the other spouse to help them maintain their standard of living after the divorce.

Child support is money that one parent pays to the other parent to help support their children financially.

In Malaysia, alimony and child support are calculated based on a number of factors, including the needs of the spouse or child, the income of the paying spouse, and the length of the marriage.

How to Calculate Alimony

To calculate alimony, the court will first consider the needs of the spouse seeking alimony. This includes their basic living expenses, such as housing, food, and transportation, as well as any special needs they may have, such as medical expenses.

The court will then apply a number of factors to determine the amount of alimony to be paid. These factors include:

The length of the marriage
The age and health of the spouse seeking alimony
The standard of living that the couple enjoyed during the marriage
The earning capacity of the spouse seeking alimony
The ability of the paying spouse to pay alimony
The contribution of each spouse to the marriage
The degree of responsibility which each party has for the breakdown of the marriage.

How to Calculate Child Support

To calculate child support, the court will first consider the needs of the child. This includes their basic living expenses, such as housing, food, and clothing, as well as any special needs they may have, such as medical expenses or childcare costs. The court will also consider the income of both parents and their ability to pay child support.

The court will then apply a number of factors to determine the amount of child support to be paid. These factors include:

The number of children
The age of the children
The standard of living that the children enjoyed during the marriage
The earning capacity of each parent
The ability of each parent to pay child support
The contribution of each parent to the care of the children

Conclusion

Alimony and child support are two of the most important financial issues that need to be addressed in a divorce. It is important to understand that there is no fixed formula to calculate the amount payable. Therefore, it is best to speak with an experienced divorce lawyer to discuss your case since all cases are different.

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Maintenance of Children After Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

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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Tag: child support

How to Calculate Alimony and Child Support in a Divorce in Malaysia

Maintenance of Children After Divorce in Malaysia