Both parents have the duty to maintain the child if the child is below the age of 21. You must maintain the child regardless of whether the child lives with you or your ex-spouse.
If your child is above the age of 21 years old, your child can apply for maintenance if he/she: –
- Suffers from a physical and/or mental disability;
- Is serving full-time National Service; or
- Is receiving education.
How do you apply for maintenance for your child if you are still married?
You will have to go personally to the Family Justice Courts to apply for maintenance for your child.
What will a maintenance order state?
A maintenance order will state: –
- The amount of maintenance to be paid;
- When it is to be paid;
- To whom it is to be paid; and
- The method of payment
How does the court determine the quantum of maintenance?
The Court will take into account your circumstances and decide in the child’s best interest. Factors include:-
- Financial needs of your child;
- Income earning capacity of you and your spouse;
- Standard of living enjoyed by your child before a parent stops maintaining him/her.
In most circumstances, the Court will calculate the child’s maintenance based on the ratio of the parents’ income.
Will the maintenance sum change?
If your child already has a maintenance order, the maintenance sum may be varied. You will need to apply to Court. However, there must be a material change in circumstances in order for there to be a variation.
What if the other parent does not pay the maintenance sum?
You will need to apply to Court for enforcement of the maintenance order.
We’re here for you
We have a dedicated family law team ready to listen, understand your situation, and advise you on:
- Child Custody & Maintenance issues;
- Access Arrangements;
- Parenting Plans;
- Relocation issues.
