The Family Court has said that both parents, not just fathers, are responsible for providing child support.
Family Court's Legal Officer Ahmed Mausoom, during the Parliament's Regulation Review Committee, highlighted that laws such as the Family Act, the Procedure Act, and the Children’s Rights Act need to be implemented.
According to the Family Code, fathers are typically ordered to provide child support, but the Children’s Rights Protection Act, which came into force in 2019, clearly states that both parents are responsible for their child’s expenses. Section 20 of the Children’s Rights Act mandates that, even in cases of separation, parents must arrange for the child's custody and expenses in accordance with the law.
Mausoom pointed out that it is not only the father's duty to bear the financial responsibility for the child. Instead, both parents should share the responsibilities equally, especially when considering the child's interests, safety, and health.
Currently, child support is set at MVR 2,000 per month for one child and MVR 1,000 per month for each additional child. However, given the rising inflation, this amount is insufficient to cover the children's full expenses.
Despite calls for an increase, the Family Court has stated that raising the child support amount to MVR 4,000 may not be fair or justifiable under the law.
At the committee meeting yesterday, Family Court Legal Officer MAusoom said that other payments are also sought from fathers in addition to the monthly child support amount. He detailed that these include medical expenses, food and clothing which can be claimed separately by suing the parent.
According to Mausoom, the amount allocated as child support in existing regulations is not insufficient. He went on to say that it may also not be the most fair decision to hike up the amount.
Mausoom highlighted cases where fathers struggled financially after paying child support and an example of an instance where some fathers' second marriage ended because his child support payments from a previous marriage were so high that he couldn’t afford to support his child from the later marriage.
Based on these observations, Mausoom said it would be best to let judges decide on child support amounts based on the father's income and capability. This would allow judges to determine child support amounts fairly based on the child's situation, their lifestyle as well, he said.
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