Frequently Asked Questions About Maintenance And Alimony Claim

Frequently Asked Questions About Maintenance And Alimony Claim by TYH & Co. Divorce Lawyer Malaysia

Frequently Asked Questions About Maintenance And Alimony Claim

The breakdown of a marriage can be a difficult and stressful time for everyone involved. However, there are legal provisions in place to help ensure that the financial needs of children and spouses are met. In Malaysia, non-Muslims can file for maintenance of children and alimony claims.

Here are 8 FAQs with answers to help you understand the process of filing for maintenance of children and alimony claims in Malaysia.

1. Who can file a maintenance of children claim before a divorce?

Any parent of a child can file a maintenance of children claim in the court for the benefit of the child.

2. What is the criteria for determining the amount of maintenance?

The amount of maintenance must be reasonable and is determined based on the following factors:

  • The needs of the child, including their age, health, and education expenses.
  • The income and earning capacity of the parents.
  • The standard of living that the child was accustomed to before the separation of the parents.

3. How is maintenance of children paid?

Maintenance of children can be paid in a lump sum or by installments (usually monthly basis). The method of payment is determined by the court.

4. What happens if the parent who is supposed to pay maintenance does not pay?

If the parent who is supposed to pay maintenance does not pay, the other parent can apply to the court for enforcement. The court can order the parent to pay the maintenance arrears, or it can even order the parent to be imprisoned (if there is no valid defense provided).

5. Who can file an alimony claim?

A wife can file an alimony claim against her husband if the husband failed to provide for the wife.

If the husband is unable to work because of a mental or physical injury or illness, the court can order the wife to pay him maintenance. The court will only make this order if it is satisfied that the wife is able to afford to pay and that it is reasonable to do so.

6. What is the criteria for determining the amount of alimony?

The amount of alimony is determined based on the following factors:

  • The needs of the wife, including her standard of living before the separation or divorce.
  • The income and earning capacity of the husband & wife.
  • Reason for the breakdown of the marriage.
  • The length of the marriage and others.

7. How is alimony paid?

Alimony can be paid in a lump sum or in installments (usually monthly basis). The method of payment is determined by the court.

8. What happens if the husband who is supposed to pay alimony does not pay?

If the husband who is supposed to pay alimony does not pay, the wife can apply to the court for enforcement. The court can order the husband to pay the alimony arrears, or it can even order the husband to be imprisoned (if there is no valid defense provided).

These are just some of the most common questions that people have about maintenance of children and alimony claims in Malaysia. If you have any other questions, you should speak to a family lawyer who can advise you on your specific circumstances.

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