SHAH ALAM - The proposed formula guideline for assessing child alimony, suggested by Minister in the Prime Minister’s Department (Religious Affairs) Datuk Dr Mohd Na’im Mokhtar, has actually been implemented by the Malaysian Syariah Judiciary Department (JKSM) since 2019.
Interestingly, the proposed guideline was issued by JKSM through the "Practice Direction No 5 of 2019: Guidelines for the Assessment Scale of Child Support Amount" circular signed by Na'im when he was JKSM director-general.
According to the circular dated Dec 23, 2019, the approval for the alimony assessment scale guideline used by syariah courts nationwide was based on the decision made in the main committee meeting of the Practice Directions of Syariah Court held between Oct 30 and Oct 31, 2019, at the Terengganu Syariah Judiciary Department.
The use of the child alimony assessment scale guideline was left to the court's discretion, meaning the amount of child support is based on the monthly needs of one or more children.
The circular stipulated that if the number of children was higher, the rate will increase depending on the father's or husband's income.
The practice direction also emphasised that the child support amount was based on the children’s basic needs, such as housing, clothing, food, medical care, education, the children’s age and the father's income, all of which were determined by the court.
The circular also presented an illustrative example of child alimony assessment based on a percentage of the father’s income, the number of children and monthly earnings.
For example, for a father earning a monthly income between RM1,000 and RM5,000, the recommended alimony for one child would be 23 per cent of the total income.
For fathers with two children and within the same income range, the recommended alimony is 33 per cent of the income, followed by 40 per cent for three children and 53 per cent for four or more children.
Despite the implementation of these maintenance assessment scale guidelines by JKSM, several syarie lawyers explained that the circular was not mandatory, with the father's financial ability still being the primary consideration.