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Child Maintenance Factors Guide Malaysia

Answer four quick questions to see which factors the court is likely to look at for your children. It shows factors, not an amount.

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Answer four quick questions. This shows which factors a court is likely to look at for your family. It does not give an amount.

Do both parents already agree on support for the children?
Does any child have special needs (medical, disability or learning)?
Is any child in school, college or other training?
Does the paying parent have irregular income (self-employed, commission, freelance)?

Answer every question to continue.

How this works

How does the court decide?

There is no fixed formula or percentage. The court looks at the child’s reasonable needs and what each parent can afford.

Under Section 93 of the Law Reform (Marriage and Divorce) Act 1976, the court can order a father to pay maintenance for his child. It can also order a mother to pay or contribute if that is reasonable given her means.

What does maintenance cover?

  • food and clothing
  • a home
  • school fees and tuition
  • medical care
  • transport

Activities and classes the child already did before the divorce may also be counted.

What else affects the amount?

The paying parent must still have enough left for their own reasonable needs. A child’s special needs, such as a medical condition, count for a lot. The number of children also affects the total.

How long does it last, and can it change?

Under Section 95, as amended in 2018, an order normally ends when the child turns 18, or later if the child is in further or higher education or training, or has a physical or mental disability.

Under Section 96, either parent can ask the court to change the order if things change a lot, such as a drop in income or the child starting secondary school.

Looking to engage a divorce lawyer? If you want to talk through what applies to your family, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.

Frequently asked questions

How is child maintenance calculated in Malaysia?
There is no fixed formula. The court looks at what the child reasonably needs and what each parent can afford. Section 93 gives the court the power to order it.
Until what age is maintenance paid?
Under Section 95, as amended in 2018, an order normally ends when the child turns 18. It can last longer while the child is in further or higher education or training, or until a physical or mental disability ends, whichever is later.
Can the amount be changed later?
Yes. Under Section 96, the court can change an order if circumstances have changed a lot, or if it was based on a mistake or misrepresentation.

Related guides and tools

Child Maintenance After Divorce in Malaysia

Child maintenance in Malaysia under the LRA 1976: what it covers, how the court sets the amount, how long it lasts, and how to change or enforce an order.

Annulment of Marriage in Malaysia

Annulment of marriage in Malaysia under the LRA 1976: the grounds for a void or voidable marriage, how to apply, and what happens to your children.

Business Assets in a Malaysian Divorce

How business assets are divided in a Malaysian divorce under Section 76 of the LRA 1976: what counts, how a business is valued, and how to stop assets being hidden.

Looking to Engage a Divorce Lawyer?

For people seeking legal representation. For general information, use our guides and tools.

Request Lawyer Contact