Family Court suggest child support on father's income

The Family Court has indicated that child support payments should be determined by a judge based on the father's income, living conditions, and the child's standard of living at the time of marriage, rather than setting a fixed amount in law.

A motion to increase the MVR 2,000 child support payment after divorce was submitted to Parliament by Galolhu North MP Mohamed Ibrahim in November last year.

Under Section 72 of the Family Act, a father is required to provide financial support until the child reaches the age of 18. The current provisions mandate:

The Rules Committee of Parliament held a meeting with relevant institutions to discuss the issue. Family Court Legal Officer Ahmed Maumoon stated that living standards vary among children, making a fixed amount impractical.

"Rather than setting a fixed amount in the law, it may be more appropriate for child support to be based on the father's income and financial capacity," Maumoon said.

He explained that child support should consider the child's previous standard of living and the financial ability of the father or legal guardian.

"Children attend different schools and have varying needs. Determining the cost based on the father's financial ability could be more effective," he added.

Maumoon also noted that additional expenses beyond the minimum requirement can be determined by the court. As an example, he cited a case where a father was ordered to pay MVR 16,500 in child expenses. However, recovering such costs requires filing a separate case.

The Family Court, the Social and Family Development Ministry, and the Family Legal Clinic stated that many parents face difficulties in pursuing such cases due to legal and procedural challenges.

Hadija Rabia, Legal Officer at the Family Legal Clinic, noted that the law currently requires courts to impose only the minimum amount, as fathers often do not agree to pay more.

"The law sets a minimum amount, but the economic situation must also be considered when revising child support payments," Rabia said.

She further highlighted that enforcement remains a key challenge.

"The biggest issue is enforcing payments from fathers. Addressing this in the Family Act would be the best solution," she added.

During the meeting, Maumoon also emphasised the need for more information on the pre-marriage awareness programme to better educate couples on their legal responsibilities.