How Is Child Maintenance Calculated in Malaysia?

What does the law say?

Section 93 of the Law Reform (Marriage and Divorce) Act 1976 lets the court order a parent to pay maintenance for a child. The order can be made during the divorce or at any time after. Both parents have a duty to support the child, whoever has custody.

There is no formula. The court decides what is fair in each case, so amounts vary a lot between families.

Maintenance covers the child’s needs: food, housing, clothing, education, medical care and other reasonable costs. The court tries to keep the child’s living standard close to what it was before the divorce. Maintenance often comes up alongside child custody.

What does the court look at?

• The child’s actual needs: daily living, school fees, tuition, transport, medical costs and activities.
• Each parent’s means: income, assets and other commitments. The parent who earns more usually pays more, but the court also looks at what the other parent can give.
• The family’s previous standard of living. The court tries to avoid a sharp drop for the child, while accepting that running two homes costs more.

Can you get maintenance while the case is going on?

Yes. The court can order interim (temporary) maintenance so the child is supported until the final order. This matters when a case lasts months or longer.

You can apply at any stage. The court looks at the child’s immediate needs and what the other parent can pay.

The interim amount does not decide the final one. After hearing all the evidence, the final order may be higher, lower or the same.

What if a parent does not pay?

You can apply to the court to enforce the order. Section 98 of the LRA 1976 gives the court powers to recover unpaid child maintenance.

The court can:

• issue a warrant of arrest against the parent who has not paid
• order the employer to deduct maintenance from their salary
• in serious cases, jail the parent for contempt of court

Courts take unpaid maintenance seriously, because it harms the child.

Agree it or let the court decide?

Many parents agree the amount between themselves, often with lawyers’ help. It is usually quicker and less stressful, and the court can record it as a consent order.

This only works if both sides are honest. If one parent is unreasonable or will not disclose their finances, the court can order them to produce financial documents.

Looking to engage a divorce lawyer? Either way, a lawyer can tell you what a reasonable amount looks like in your situation. If you are unsure what to ask for or expect, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.