Breaking Stereotypes: The Modern Mother's Contribution to Child Maintenance

Traditionally, the law and societal norms often cast fathers in the role  of primary financial providers, especially when it comes to child  support payments.

Under Section 93(1) of the Law Reform  (Marriage and Divorce) Act 1976, it is stated that the Court may  order a father to pay maintenance for his children: 

a. If the father has refused or neglected reasonably to provide for  his child; 

b. If the father has deserted his wife and the child is in her charge; c. During the pendency of any matrimonial proceedings; or d. When making or after the making of an order placing the child  in the custody of any other person.

The provision that gives Courts the power to order a mother to pay  or contribute towards the maintenance of her child is governed by  Section 93(2) of the Law Reform (Marriage and Divorce) Act 1976.  However, the Court may only make such an order after it is satisfied  that considering her means, it is reasonable to do so. 

This section empowers mothers, especially working mothers to  provide some form of financial assistance and reduce the burden  of her husband to continue providing and supporting the needs of  their children. 

Child Support in Modern Times

Q1: Who is responsible for providing child maintenance? 

Both the mother and the father have the responsibility to provide for  the children. Even though the father has the primary role to provide  child maintenance, the Court may also order the mother to provide  towards child maintenance if she has the financial means. 

Q2: I am a housewife. Will my husband fully be responsible for child  maintenance? 

In the 90s and early 2000s, case laws have proven that a mother who  is unemployed or a housewife does not contribute towards child  maintenance as she has no source of income. The question hence  remains; would the same principle apply today?

In a recent case in 2023 where the mother was unemployed and has  no income, the Court ruled that the mother did not have to provide  child maintenance as she was the main caregiver to her children as  their father is absent from their lives. The Court only ordered the  father to provide child maintenance in this case. The Court also  recognised that the mother in this case is a hands-on mother who  provides emotional support and a conducive and comfortable living  environment for her children. 

Now, differentiate the case above to another case in 2023 where the  Court ordered the father of the child to provide child maintenance  and if the mother believes that the amount of child maintenance  provided by the father is insufficient, then it is her responsibility too  to share in the financial responsibility of raising her child. The reason  that the Court made such a judgment is because although the  mother contended that she is unable to work due to illness, the  Court believed that she was physically capable and fit to seek for  employment to support herself and her child.

Based on both these recent cases, it can be seen that the Court does  not order a mother with no source of income to contribute towards  child maintenance. However, if the Court believes that the mother is  purposely unemployed to rip the benefits of obtaining child  maintenance, the Court may urge the mother to seek employment  to sustain her child if the maintenance provided by her husband is  insufficient to her. 

Q3: I am a working mother. Does the amount of money I earn  matter? How much of child maintenance do I have to contribute? 

In deciding how much a working mother should contribute towards  child maintenance, the Court will always look at the income  generated by the mother. Based on the salary earned by the mother,  the Court will then allocate a suitable amount as child maintenance.  If the mother is financial capable of providing for her children 

alongside supporting herself, the Court will then make an order for  child maintenance that is suitable and not burdensome to the  mother.

Q4: My husband and I have joint custody of our child. How much of  child maintenance do I have to contribute? 

In a case of joint custody, it is likely that the Courts would decide  that the mother and father are equally financially responsible for  their children. However, the amount contributed by each parent  towards child maintenance may not necessarily be the same. The  Court will take into account the amount of income of both parents  before deciding on an amount for maintenance.

Q5: I do not want my husband to meet or have a relationship with  my child. Does he have to contribute towards child maintenance? 

It is unlikely that the Court would order the father to contribute  towards child maintenance if he has been ousted from the life of his  children. Such a scenario was brought upon the Court in 2022 where  the mother had excluded the father from having any involvement in  the child’s life. Since the father had be ousted, the mother was  responsible of making decisions unilaterally regarding the child’s  development without informing the father. Hence, the Court ruled  that it is only fair that she should not expect any child maintenance  from the father and she would be solely responsible for child  maintenance.

Q5: How long does my spouse have to pay for child maintenance? 

The duty to provide child maintenance would cease upon the child  attaining the age of 18 years old or upon cessation of any disability  or after the child has completed his or her further/ higher education  or training. This would depend of whichever ends later. [Section 95  Law Reform (Marriage and Divorce) Act 1976].

For instance, if your child is already above the age of 18 but he or  she is still pursuing her tertiary education at a university/college, you  would still have to provide for child maintenance until the  completion of the tertiary education. 

Q6: How does the Court calculate child maintenance?  

No specific guidelines have been provided by the Courts as to the  method of calculation for child maintenance. However, the amount  of maintenance that should be contributed by the parent is  determined on a case to case basis. The Court will take into account  various factors such as the the ability of the parents to generate an  income, current and future income of the parents and if there would  be any financial burden on the parents if they contribute towards  child maintenance.  

It is important to remember that when deciding how much each  parent would contribute towards child maintenance, the Court will  highly consider the amount of maintenance necessary for the child’s  upbringing and the Court will not make an order that would end up  causing hardship to the parents.

Q7: What happens if a parent who is supposed to pay for child  maintenance stops paying?  

It would considered as a contempt of Court order. The other party  may make an application to the Court to enforce the child  maintenance order against the parent who has refused to pay via  several methods. Look at The Married Woman and Children  (Enforcement of Maintenance Act) 1963.

Q8: What can I do if I am no longer able to pay child maintenance  due to financial restrains? 

If you are unable to cope with your monthly child maintenance  payments due to financial restrains, you may apply for an application  to vary the current child maintenance order.  

In order to successfully vary the child maintenance order, you must  be able to proof that:  

i. The child maintenance order was based on a  misrepresentation or; 

ii. The child maintenance order was based on a mistake of fact or; iii. There have been any material changes in your circumstances.  For instance, you had lost your job or you are unable to work  due to health restrictions. 

[Section 96 of the Law Reform (Marriage and Divorce) Act 1976]  

Based on the information above, it can be seen that there has indeed  been a shift in the legal and societal recognition of parenting  contributions beyond traditional stereotypes. By actively  participating in both the financial and emotional aspects of child rearing, modern mothers are challenging outdated legal  presumptions about parental roles. Mothers today play an equally  important role as fathers in financially supporting their children. This  new shift will ensure that child maintenance laws are truly reflective  of the best interests of the child, recognizing the invaluable and  varied contributions of all parents within the modern family structure.

Should you have any queries regarding divorce, please do not  hesitate to contact me via WhatsApp on +6012 5325660 or email info@piyalawchambers.com