In a divorce petition, wife and child maintenance is determined based on mutual agreement, if it’s a joint divorce petition or through an application, followed by the court’s decision in a single divorce petition. Among the factors that will be considered by the court in determining the maintenance amount include the wife and child’s needs, living standards during the marriage and the income of both parties.
Wife maintenance is ordered to provide the spouse with the same living standards before the divorce. The court will take into account the following reasonings when assessing the means of the provider and needs of the receiving spouse:
- The duration of the marriage
- The age of both the husband and wife
- Husband’s financial support during the marriage
- Both parties’ earning capacity
- Whether the divorce will affect the husband’s financial standing
The court may order the husband to provide security to guarantee the payment of the agreed amount. The order to pay the maintenance will expire if the receiving spouse remarries or found to live in adultery.
It is the duty of a parent to contribute to the maintenance of his/her child unless agreed upon otherwise through an agreement or court order. The following factors are considered when determining the child maintenance amount:
- The child’s financial needs
- The parent’s income, earning capacity and financial resources
- The family’s living standards before the divorce
- Physical or mental disability of the child, if any
- The child’s education and training before the divorce
The order of maintenance will expire when the child turns 18 years of age or when he or she completes her higher education or training, whichever is later.
Shang & Co is a top law firm in Malaysia that has extensive experience in helping families come to the best agreement on wife and child maintenance amount. The empathetic lawyers in the firm work ceaselessly to ensure that their clients receive what they need and deserve.