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Maintenance & Other Ancillary Matters Introduction


Custody Orders
[ Publication date Jan 01, 2001 ]

Every parent has to maintain or contribute towards the maintenance of his/her children. It does not matter whether they are legitimate or not. Nor does it matter if they are in his/her custody.

Even if the child is not yours, once he/she has been accepted as part of the family, you must provide the child with accommodation, food, clothing and education.'); INSERT INTO nwl_seccont VALUES (147, 4, 'Child Maintenance Orders', '


Where one parent does not cooperate in sharing the responsibility for child support, it is advisable for the other parent to apply to Court for a maintenance order.

Q: Who can apply for child maintenance?

As both parents have the responsibility to maintain the child, whoever has custody of the child can apply for maintenance.

Q: When can it be applied?

In cases where a maintenance order is required urgently, an application can be made immediately at the Subordinate Courts without having to wait for the divorce hearing in the High Court. The application can be made anytime during the marriage or separation or after the divorce.

Q: What factors influence the Court when considering how much maintenance should be paid?

The court will consider the following:

  1. the financial needs of the child;
  2. the income and earning capacity, property and other financial resources of the child;
  3. the standard of living enjoyed by the family before the breakdown of the marriage;
  4. any physical/mental disability of the child; and
  5. how he/she is being or expected to be educated and trained.
Q: When does the child maintenance order stop?

It usually stops when the child turns 21 unless he is still serving in the National Service or in School. If the child is suffering from any physical/mental ailment, it will stop when he/she recovers.

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