Should Malaysia set a minimum child support amount?

SHAH ALAM - On Sept 5, the Minister in the Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na’im Mokhtar announced that the government is in the process of developing a formula to simplify the determination of child support rates by the Syariah Court for children of divorced couples.

In this context, Syariah lawyer Nurain Akmal Khairunnisa suggested that a minimum amount should be set for child support to ensure that ex-husbands do not shirk their religious responsibilities.

She said that based on the current challenging economic scenario, the minimum amount for child support should be RM500.

This proposal, however, has sparked mixed reactions from the public, with opinions ranging from full support to cautious opposition.

SUPPORTIVE

No need to keep going to court for claims

“I agree with this suggestion because I am also a single mother of two children. When it comes to child support, there are times when it is difficult to claim from the ex-husband.

I think this kind of stipulation would be easier. We wouldn't need to go through various processes like going back and forth to court or requesting a support order.

Flexibility can be given if the ex-husband has an illness or financial constraints.

We need to consider the ex-husband's ability to provide support. If he can afford it or more, he might be able to give more support.

But if he cannot afford it, we might need to be flexible, depending on his health condition and current financial situation.

Imagine one child with a support amount of RM500; it might reach RM1,000 for two children.

If there are more than four or five children, the amount might be even higher. That’s why we need to look at the ex-husband's financial capacity.” - Trader, Azura Mohd, 38

Many neglect their duty, pay child support as they please

“As a single mother, I strongly agree with the suggestion to set a minimum amount for child support, considering that many ex-husbands out there neglect their responsibility to pay.

In court, they agree to the requested amount, but when it comes time to pay, they give whatever they want, and sometimes they don’t pay at all.

Single mothers are forced to fend for themselves to ensure their children’s survival.

Filing a complaint with the Syariah Court again takes time.

However, even then, there’s no guarantee because some ex-husbands give excuses such as they can’t afford it due to supporting a second wife’s family.

This is the reality we face. The amount of RM500 is insufficient given the current high cost of living.

Imagine a child in school; just the school bus fare exceeds RM100 and daily expenses for the child can reach RM10 for both morning and afternoon sessions.

This doesn’t even include fees for religious classes or Quranic studies.

So, where does the money for the child’s daily meals come from? Is the mother expected to bear all these costs just because the child lives with her?

For children studying at university, RM500 is an unrealistic amount. The court needs to reconsider this matter.” - Housewife, Rosni Osman, 56

OPPOSE

Child support should align with the child's needs

“It is quite difficult to set a fixed amount for child support because their needs vary according to their age.

For example, if child support is set at RM500, in my opinion, it might be suitable for a child under the age of two.

This is because, for a child under two, we typically need to consider clothing, food, milk, basic supplies, diapers, and babysitting fees.

If the child is older than two years, the expenses might increase further. I haven’t even touched on the costs if the child fell ill, which would certainly include medicine and personal care needs.

I have no issue with implementing a minimum amount for child support, but it should be aligned with their needs at that time.

Divorced couples managing their children would certainly have different experiences.

We also haven’t yet considered the rising prices of goods and the cost of living, which will affect their expenses.

Implementing such a policy is possible, but I hope the government conducts a comprehensive study first.” - Trader, Izzul Islam Che Las, 32

Different financial situations for each family

“I somewhat disagree with the proposal to set a minimum amount for child support because every family faces different financial situations.

For some ex-husbands with low incomes, a fixed rate might become a burden, even though the intention is good, aiming to ensure the children's needs are met.

We also need to consider that each parent has different sources of income based on their job and existing financial commitments.

Therefore, not all parents can afford to pay the same amount of child support, especially in an unstable economy or for those with lower incomes.

If the set child support amount is too high, it could impose a financial burden that some parents simply cannot bear.

I think it would be better if the Syariah Court evaluates each case individually, considering the financial capacity and needs of the child so that the decision is fairer for both parties.

This approach can provide more flexibility without neglecting the responsibility towards the children.” - Senior Corporate Communications Executive Muhammad Amirul Helmy Yahya, 30