Formula for child support calculations should speed up payments
A major issue regarding child maintenance claims in divorce cases was the delay in implementation once a divorce process was finalised.
SHAH ALAM - The government needs to consider prioritising a formula for child support based on basic necessities first.
Federal Territories Syariah Bar Association president Datuk Zainul Rijal Abu Bakar said that a major issue regarding child maintenance claims in divorce cases was the delay in implementation once a divorce process was finalised.
He added that this was because some ex-wives have to wait months for a court ruling to receive child support payments due to disputes over the amount or the ex-husband’s failure to attend court hearings.
Therefore, the introduction of a formula for calculating child support based on basic needs can serve as a benchmark to expedite the process of providing maintenance without having to wait for a Syariah court order.
"Any formula introduced to facilitate maintenance calculations should focus on expediting child support payments. Therefore, I appreciate any positive steps taken by the government in this regard.
"It is also important to understand that the provision of child support is based on three categories of benefit: Dharuriyah (necessities), Hajiyyah (comfort and ease) and Takmiliyah (luxuries).
"In my view, the formula to accelerate the provision of child support should first focus on Dharuriyah, which includes basic needs like food, clothing, shelter and medicine.
"For claims involving the Hajiyyah and Takmiliyah categories, it is best that they are addressed in Syariah court proceedings," he told Sinar.
Further commenting, Zainul also suggested that the government draft laws beyond the jurisdiction of the Syariah courts to ensure that ex-husbands fulfil their child support responsibilities.
For example, he said any new legal framework specifically aimed at speeding up the child support process should include the jurisdiction of other relevant government agencies to help enforce it.
"For instance, the government could consider certain important restrictions (caveats) on fathers and husbands who fail to pay child support, to pressure them into fulfilling their responsibilities promptly.
"These restrictions could include the suspension of driving licences, travel bans, blacklisting for bank loans, and freezing personal accounts.
"Previously, the Finance Ministry already allowed the freezing of bank accounts for fathers who violated court-ordered maintenance, with some even facing imprisonment.
"However, the process still takes a long time. Regardless, I hope the special committee established to study the ideal child maintenance formula will consider introducing a reasonable and fair minimum amount," he added.
