Child Maintenance After Divorce in Malaysia

What is child maintenance?

Child maintenance is a regular payment to cover a child’s living costs after divorce. Under Section 92 of the Law Reform (Marriage and Divorce) Act 1976, each parent must maintain their children, whether or not the child lives with them.

The court can order maintenance as part of the divorce, or a parent can apply for it separately. Under Section 93, the court can order a father to pay, and can also order a mother to pay or contribute if her means make that reasonable.

What does it cover?

Maintenance covers the child’s reasonable day-to-day needs, such as:

• Food, clothing and a home.
• School fees, tuition, books and uniforms.
• Medical and dental costs.
• Transport and childcare.

If your child has special needs, such as therapy, special education or ongoing treatment, those costs count too. The court looks at what your child actually needs.

How does the court decide the amount?

There is no fixed formula. Section 92 ties the duty to what is reasonable for each parent’s means and station in life, meaning their income and way of living.

The court looks at the child’s needs first: age, health and schooling. A teenager costs more than a toddler, and a child with a medical condition costs more again.

It then looks at each parent’s income, assets, earning ability and existing commitments. The aim is that the child does not suffer a sharp drop in living standards because of the divorce.

Can parents agree without a court fight?

Yes. You can agree on an amount as part of a joint petition divorce or through lawyers. The amount is then written into the court order, so it can be enforced.

If you cannot agree, the court decides on the evidence. Under Section 97, the court can also change an agreed amount if that is reasonable and for the child’s welfare.

What if circumstances change?

A parent may lose a job, get a raise, remarry or move. A child’s needs grow with age or illness.

Under Section 96, either parent can apply to vary the order. You need to show a material change since the order was made, or that it was based on a mistake or misrepresentation. The court may raise, lower or keep the amount.

What if maintenance is not paid?

The parent receiving maintenance can apply to the court for enforcement. Unpaid maintenance can be recovered as a debt.

The court’s tools can include ordering the employer to deduct payments from salary, seizing assets or bank accounts, and, in serious cases, committal for contempt of court, which can lead to a fine or jail.

Keep a clear record of every payment received and missed. Your lawyer will need it.

Does maintenance change if custody changes?

It can. If custody moves from one parent to the other, the direction of payment usually changes too.

A change in access, for example from alternate weekends to shared care, can also affect the amount, because the other parent is then paying more of the child’s costs directly.

What about children over 18?

Under Section 95, as amended in 2018, a maintenance order normally ends when the child turns 18.

If the child is in further or higher education or training, it continues until that is completed. If the child has a physical or mental disability, it continues until the disability ends. Whichever is later applies.

If you expect support to be needed beyond 18, raise it early, ideally during the divorce itself.

How to prepare

Gather records of your child’s monthly costs: school fee receipts, medical bills, groceries, and regular costs such as classes or therapy.

Gather proof of both parents’ income where you can: payslips, tax returns (Form BE), bank statements and EPF statements.

If you are changing an existing order, set out clearly what has changed since it was made.

Looking to engage a divorce lawyer? If you are unsure what amount to ask for, or how to deal with missed payments, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.