Malaysia TOP 100 Divorce Frequently Asked Questions (FAQ)-PART 27

Question 73

🔹 Must child maintenance always be paid by the child’s father? Can it be paid by the mother? 🔸 Under normal circumstances, the court will primarily require the child’s father to be responsible for child maintenance, unless the court deems that the child’s mother has the capacity to be responsible, for example, if the mother is employed and possesses a certain earning capacity.

Question 74

🔹 What will the court consider when making arrangements for child maintenance? 🔸 The court will consider the financial capacity and circumstances of the parents before making arrangements.

Question 75

🔹 Apart from family law, what other legal provisions can I use to claim child maintenance from the child’s father? 🔸 If one party in the marriage is unwilling to maintain the child or even abandons the child, the court can make additional arrangements for child maintenance under the Married Women and Children (Maintenance) Act 1950. This procedure can be applied for in the Subordinate Courts (Magistrate’s Court / Sessions Court).