How much Maintenance will the Children receive?
Parents have to maintain or contribute to the Maintenance of their Children (e.g. reasonable cost of accommodation, clothing, food and education)
- This duty exists regardless of:
- Whom the Children are in the Custody of
- Whether the Children are legitimate or illegitimate
- A parent must maintain a stepchild if the Child was treated as a member of the parent’s family and where the Child’s biological parents do not provide complete Maintenance
- Maintenance can be paid by giving a monthly allowance or making a lump sum payment
- The amount of Maintenance will be decided by the Family Justice Court after considering the following factors:
- Financial needs of the Child
- Income, earning capacity, property and other financial resources of both the Child and parents
- The ratio of total earning income of both parents (i.e. the financially stronger parent typically pays more)
- Any physical or mental disability of the Child
- Age of each parent and the duration of the marriage
- Contributions made by each of both parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family
- Standard of living enjoyed by the Wife or Child before the parent neglected or refused to provide reasonable Maintenance for the Child
- How the Child was already being educated and how the parents expected him to continue to be educated
- Conduct of both parties
- The Family Justice Court can revise any agreement made between the parents relating to the Child’s Maintenance