Maintenance For Spouse And Children MalaysiaJustice . Equality . Trust
The law of maintenance for spouse and children Malaysia is based on the principle that one who has the means to maintain his family should do so. It may be awarded by the court or agreed between the parties. Maintenance is awarded for the spouse and children irrespective of whether they have an entitlement or not. For divorce lawyer Malaysia, just count on us as we will make the whole divorce process easy, fast and quick for you.
The petitioner can claim for maintenance of spouse according to The Law Reform (Marriage and Divorce) Act 1976 under Section 77 of the Act. The courts are vested with wide powers to award maintenance of which includes under Section 86 of the Act, the recovery of arrears of maintenance owing to the particular spouse. Under Section 93 of the Act, the court has the power to order the payment of maintenance for the children and for the recovery of arrears of maintenance payment for the children (Section 98 of the Act).
Maintenance Of The Spouse/Wife After Divorce
The maintenance of the spouse/wife is also known as alimony.
i) The court will consider the earning capacity and financial needs of both parties.
ii) The court makes an order of maintenance in favour of the wife. The amount might be reduced if the wife is earning a reasonable income as opposed to being a homemaker.
iii) The wife may get a reduced amount of maintenance if she substantially caused the marriage failure.
iv) Maintenance will end if the spouse is living in adultery or he/she remarries (S.82 Law Reform [Marriage and Divorce] Act).
Either parent is responsible for child maintenance according to S.92 Law Reform (Marriage and Divorce) Act 1976. According to S.93 of the Act, it is the duty of the father to maintain the child if:-
a) he refused/neglected reasonably to provide for the child.
b) he deserted his wife and child.
c) during the divorce proceedings.
d) when making or subsequent to making an order to place the child in the custody of another.
If the court is satisfied that the mother is able to pay for child maintenance, the court can order the mother to do so.
The child maintenance will end when the child reaches 18 years of age.
The court may order the father to pay for the child’s tertiary education.
The actual amount for child maintenance depends on:-
i) financial status of the parents
ii) the needs of the child
ii) lifestyle of the parents during marriage
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Frequently Asked Questions (FAQs)
1) Who is entitled to spouse maintenance?
Generally, the husband has the legal obligation to maintain his ex-wife. But under exceptional circumstances, the ex-wife can be responsible for the husband’s maintenance if he is financially incapable or he is suffering from injury or ill-health.
2) How does the court determine child maintenance?
The court will have to consider the means and status in life of both the parents.
3) How does the court determine wife maintenance?
The court shall base its assessment on the means and needs of the parties and shall consider the degree of responsibility to each party for the breakdown of the marriage.
4) Is the divorced wife entitled to get a lump sum maintenance?
The law does not provide for a lump sum maintenance to the wife
5) Will the children be awarded a lump sum maintenance?
No lump sum maintenance can be awarded.
6) What happens if the husband stops paying for wife or child maintenance before or during divorce?
The husband is still accountable to paying the wife and children’s maintenance provided the wife has made the right application in court to claim for the maintenance.
7) Is there a fixed formula by the law to calculate the amount of spouse or child maintenance?
There is no fixed formula. Consult a lawyer who will assess and advise you on this matter.
Note: This article does not constitute legal advice to any specific case. The facts and circumstances of each and every case will differ and therefore will require specific legal advice. Feel free to contact us for complimentary legal consultation.
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