Proposed child support formula should avoid oppressing fathers

SHAH ALAM – The proposal to standardise the formula for calculating child support orders must take into account fairness towards fathers who are oppressed and denied the right to be with their children.

The Malaysian Fathers' Rights Association treasurer Dr Anas Afandi Ahmad Apandi said that its implementation should be based on basic needs and not be excessive.

He said that the suggested formula for calculating child support rates was introduced by the Syariah Judiciary Department of Malaysia (JKSM) in 2019.

However, the proposal to assess child support based on a percentage deduction from the former husband’s or father’s salary was a zero-sum game and did not fully cover justice for both parties.

"According to Practice Directive No 5, which outlines the guidelines for child support assessment, a father with four or more children is required to pay 53 per cent of his total monthly income as child support.

"Imagine, with a monthly income that has yet to account for personal financial commitments, if the former husband or father has 53 per cent deducted, how is he supposed to continue his daily life or build a new life with a new family?" he asked.

He said the government must carefully examine and resolve all complications surrounding disputes over child support between former husbands and wives.

"This is because there are many cases where fathers are oppressed and denied visitation rights, leading them to refuse to pay monthly support out of frustration for not receiving fair treatment," he told Sinar Premium.

Anas also said that the adjustment of child support assessment guidelines should focus on the child’s basic needs, rather than fulfilling the wants or desires of the guardian.

He added that the government should demand transparency from the guardian, whether it be the ex-wife or another family member, to prove that the child support was genuinely being used for the child's needs.

"The issue we have long faced is that the Syariah judicial system has not given enough attention to the plight of oppressed fathers or those denied their rights to their children.

“The injustice towards this group has led many of them to shirk their responsibilities out of frustration for being denied access to their children.

"That is why I agree that the standardisation of child support assessment should only cover the child’s basic needs, with any additional demands requiring a fair mediation process between the father and the child's guardian," he said.

Meanwhile, Malcolm Fernandez, Malaysian Fathers' Rights Association president, suggested that JKSM could draw inspiration from civil court resolutions in other countries such as Canada and Australia regarding child support disputes.

Instead of assessing child support based on a percentage deduction from the father’s monthly salary, Malcolm suggested that JKSM could consider calculating the support rate after accounting for reasonable monthly financial commitments.

"In any case, the issue of child support needs to be thoroughly reviewed, and we welcome JKSM's invitation to engage in dialogue on this matter, allowing the association to voice the concerns of oppressed fathers," he said.