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Child Maintenance Law in Pakistan

Child Maintenance Law

In Pakistan, child maintenance law requires that a parent, typically the father, is legally obligated to financially support their minor children, covering essentials such as food, clothing, education, and healthcare.
This responsibility remains until the child reaches adulthood or, in the case of daughters, until they are married. Under the Muslim Family Laws Ordinance 1961, failure to provide child maintenance can lead to legal action.
where the mother or guardian can approach the Family Court to enforce maintenance orders. The court determines the amount based on the father’s income and the child’s needs.

Responsibilities for Paying Maintenance

The father is legally responsible for paying child maintenance, regardless of the mother’s financial status. The amount is determined by the court based on the father’s financial capacity, the child’s needs, and their standard of living. It’s advised to keep a record of all payments as proof, especially in cases of disputes. Legal professionals can assist with documentation, court proceedings, and ensuring fair settlements.

Maintenance Amount for Minor Children

There is no set formula or percentage in the law. Maintenance disputes are handled by the guardian courts, which can adjust the amount based on evidence of the father’s ability to pay. The obligation typically lasts until a boy reaches 18 years or until a girl marries.

 

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Procedure for Claiming Maintenance

To claim child maintenance in Pakistan, the custodial parent can file a case in Family Court or before the Chairman of the Union Council. Documentation such as the child’s birth certificate and financial records of both parents are required. The court determines the maintenance amount based on the father’s financial status and the child’s needs. Interim maintenance may be granted during the case to cover immediate expenses​.
If the father does not comply with the court’s order, enforcement actions like salary attachment, property seizure, or imprisonment (six months to one year) may be taken. Even without divorce, the father remains obligated to provide support, and in some cases, the responsibility may extend to the grandfather.

Mother's Right to Claim Maintenance

Under Pakistani law, while the father is primarily responsible for maintaining the children, a mother may also be liable to provide financial support if she has the means and refuses to do so. This is particularly applicable if the mother is financially stable, such as being a businesswoman or earning income. In cases where the father fails to provide maintenance, the mother can seek legal recourse through family court or the Chairman Union Council on behalf of the minor. Maintenance includes expenses for education, necessities, and other living costs.

Steps to Take if a Father Doesn't Comply with a Maintenance Order

If a father does not comply with a maintenance order, the custodial parent can report the non-payment to the Maintenance Court. Legal actions may include holding the father in contempt of court, issuing a garnishee order to deduct payments from his salary, or seizing his assets to cover the arrears. The court may also file civil or criminal charges, potentially leading to fines or imprisonment. If the father claims financial difficulties, he can apply to the court for a variation of the order. Mediation may also be an option to reach an agreement on payments.

Resolving Child Maintenance Disputes

In Pakistan, child maintenance is the father’s legal responsibility until sons turn 18 or daughters marry. If parents cannot agree on the amount, a claim can be filed in Family Court or through the Union Council, which assesses the father’s financial status to set an appropriate payment. Interim maintenance may be granted during proceedings to meet the child’s immediate needs​.
If the father fails to comply, the court can enforce the order by attaching his salary or assets, and in severe cases, he may face imprisonment. The maintenance amount can be modified if the financial situation changes and the mother may seek support even without a divorce​.

Enforcement and Modification of Maintenance Orders

If a father doesn’t pay the child maintenance ordered by the court, the court can take action. They may deduct money directly from his salary or seize his property to ensure payments are made. In serious cases, the father could be sent to jail if he continues to avoid paying. If he is unable to pay due to financial problems, the court can also hold the grandfather responsible​
If circumstances change, like if the father loses his job or the child’s needs increase, the court can change the maintenance amount. Either parent can ask for this adjustment by going to court, and the judge will decide based on their financial situation.

Legal Support Services

Law firms in Pakistan provide essential services for child maintenance cases, including legal consultation to help parents understand their rights and the legal process, and document preparation to ensure all paperwork is accurate. They also offer court representation, advocating for fair maintenance awards and enforcing existing orders, while maintaining confidentiality and sensitivity in handling such cases​.

If you require assistance during this time, my family lawyer firm can help safeguard your rights. Call +92 321 4305422 today to schedule your free consultation. We offer remote video & Zoom conferences as well.

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