MAINTENANCE LAW IN PAKISTAN FOR CHILDREN​

If the father cannot afford child support, the child’s grandfather would be obligated to pay instead. Typically, this is a monthly payment sent to the mother either through her bank account or through a special bank account for the child or children, either in person via court or through the Treasury using a 32-A Challan form.

What is the procedure for requesting child support or child maintenance in Pakistan?

Applying for child maintenance in Pakistan can be done through either the court. Despite what is commonly believed, according to Section 9 of the Muslim Family Law Ordinance 1961, the mother or grandmother of the child can seek financial help from the Chairman of their Union Council to support the children. They can also choose to file a request for child support in court.

Another misconception prevalent in Pakistan is that a mother must initiate a divorce, or khula, before she can seek child support from the father. This belief is completely inaccurate and baseless. During her marriage, it is possible for a mother to also submit a legal case. A father must provide monthly support, regardless of the status of the marriage.

What is the typical amount of child support payments in Pakistan?

In Pakistan, the monthly maintenance amount varies depending on the father’s income and disposable income, rather than being a set standard. after all expenses and taxes have been deducted from his salary.

Another misconception in Pakistan is that a Mother must initiate divorce or khula proceedings in order to seek child support from the father; This notion is entirely incorrect and untrue. A mother has the option to lodge a case while she is still married. Regardless of the status of the marriage, a Father must provide monthly maintenance payments.

In legal proceedings, the judge can order an interim child maintenance amount while the case is ongoing. A judge is the only one who can determine if child maintenance should be increased or decreased in a case. If the father becomes unemployed or if a child needs ongoing medical treatment, the amount of maintenance may change either up or down.

In 2018, the Pakistan Supreme Court ruled that a father is required to pay Rs.5,000 monthly for various expenses such as school fees, uniforms, transportation, and medical costs. This regulation was superb, however, it would be unfeasible to enforce if a father with 4 children is making Rs.20,000 per month. That’s the reason every case is evaluated individually.

How long does a father make Child Maintenance payments?

In Pakistan, Child Support and Child Maintenance Payments are generally provided until the son turns 18 and the daughter turns 21. The father may be required to cover his children’s wedding expenses, contingent on his social status.

What happens if one parent is abroad?

If one parent is abroad, the other parent can start legal action to get child support payments in Pakistan. If the mother is not in the country and the father is in Pakistan, she can start a legal procedure in Pakistan to get money from him through a Special Power of Attorney.

What will occur if the Father fails to make payment?

In numerous situations, a father may attempt to avoid making payments, therefore women should be aware of their rights in these scenarios. In the initial step, the woman has the option to request the court to bring the father back (using a warrant) as per section 100, where the Police will locate the father and call him to appear in court. If he is not located, then his father (the children’s grandfather) will be called to appear in court.

If the first two options do not succeed, the next step is to confiscate the father’s belongings and wealth. In the end, it is a well-established truth that courts show empathy towards women and will do everything within their legal power to guarantee that a mother can financially support her children. If you need legal representation or advice on child maintenance issues in Pakistan, don’t hesitate to contact us for free legal consultatio.