Legal Framework for Child Support in Pakistan

The legal framework for child maintenance in Pakistan is established through family acts, ordinance and decisions of the superior courts. The rights and responsibilities of parents are clearly specified in the child support laws of Pakistan to maintain fairness and justice in determining the amount of financial support.

1. Child Support Laws in Pakistan

Child support laws in Pakistan are framed to ensure children’s financial stability by codifying the rights and obligations of parents. These laws are important for providing a framework for determining the financial support required for a child’s upbringing after the separation or divorce of their parents.

Child maintenance laws are an integral part of family laws in Pakistan which cover the core issues related to child maintenance, child custody, guardianship and visitation rights.

2. Rights and Responsibilities of Parents

In Pakistan, child support laws are primarily governed by family laws and statutes with specific provisions determining and enforcing financial responsibilities of parents towards their children. Father is normally a non-custodial parent as per the practice in the family court who is a responsible for the financial support towards his child. Whereas, mother is a custodial parent who is responsible for well-being, education, healthcare and protection of her child.

3. Role of Family Courts

Child maintenance matters fall under the jurisdiction of family courts. Family courts in Pakistan have exclusive jurisdiction over issues related to child maintenance. These courts are established under Family Courts Act to proceed with the family matters and disputes with respect to the financial support of children. Family courts proceed the petitions for deciding, modifying, or enforcing child maintenance orders. Parents can file petitions in family courts to initiate proceedings related to child maintenance.

4. Legal Assistance for Child Support

Seeking our legal assistance for child maintenance cases in Pakistan is much important for navigating the complex legal procedure and to ensure the best welfare of child.

Our family lawyers are specialized in matters related to family dynamics, including divorce, child custody, and child maintenance. We provide legal advice and represent our client in the courts and with our skills and experience we help them to redress their concerns.

We also file petitions in family courts to initiate child support proceedings and obtain directions against the father for payment of interim maintenance till the final decision of the case.

Determining Child Maintenance

While determining child maintenance, certain factors are taken into the consideration such as the income of the father as well as custodial parent, the specific needs of the child, expenses of the father, and other certain expenses. Family courts has discretion to determine a fair and just amount as a child maintenance provided that the father shall not be over-burdened and also ensures the financial stability of the custodial parent and the well-being of the child.

1. Factors Considered in Calculation

While determining the child maintenance, family courts in Pakistan take various factors into consideration to ensure a fair and adequate financial support for the well-being of a child. The calculation involves an assessment of the financial capacities of both parents and the specific needs of the child. Following are the key factors being considered:

Earning and Source of Income: The primary factor is the income of both parents. This includes salaries, wages, bonuses, profits and any other sources of income. The court reviews financial statements, tax returns, salary slips and other relevant documents to ascertain the financial capacity of the parents.

Child’s Living Expenses: The court also considers basic living expenses of the child which includes housing, food, clothing, education, and healthcare. Additional expenses related to the child’s education and participation in extracurricular activities are also taken into account.

Standard of Living: The court intends to maintain a living standard of a child that is as close as possible to what they would have experienced if the parents were together and a lifestyle the child would have enjoyed if relationship between the both parents were intact.

Child’s Age and Health: The age of the child is also an importat factor which is being considered for calculation, as elder children may have different needs, such as educational and food expenses. If the child has specific health requirements, the court considers these as well when calculating maintenance.

Special Circumstances and Exceptional Expenses: Special circumstances, such as the child’s medical or educational needs, are also taken into account. For example, if a child has a disability or special requirements, the court may adjust maintenance to address these specific needs.

Number of Children: In cases where there are multiple children, the court calculates maintenance for each child while considering the individual needs of each child.

2. Income Assessment for Parents

In child maintenance cases, an income assessment of parent is an important factor as stated above in determining the financial responsibilities as well as paying capacity. The court carefully examines various aspects of source of income to ensure a fair and accurate calculation. Court applies following methods to assess income;

• Source of Income such as Employment Income, Self-Employment Income, Additional Income Streams
• Financial Documents such as Wealth Statements, Bank Statements, Tax Returns
• Imputed Income such as Potential Earning Capacity and Minimum Wage Consideration
• Benefits and Allowances such as Non-Monetary Benefits and Taxable and Non-Taxable Benefits
• Family courts also assess Debts and Financial Obligations of parent

3. Court’s Discretion in Awarding Maintenance

In child support cases, the courts have a discretion to determine an appropriate amount of child maintenance which based on the certain circumstances of each case. This is a discretion of the court as because there is exist no specific formula in law which provides an exact amount or schedule. Following are the factors which helps the courts to determine an appropriate amount of maintenance;

• Best Interests of the Child
• Financial Capacities of Parents
• Standard of Living
• Special Circumstances
• Consistency and Predictability

Process of Filing for Child Maintenance

Initiating Family court proceedings for child maintenance requires filing a petition in the competent family court in whose jurisdiction a child or mother is residing. This would be considered as competent court having jurisdiction to adjudication upon the child support litigation. The process involves preparing necessary documentation, including financial statements and details of the child’s needs and filing petition in the court and legal proceedings. Court hearings and proceedings play a vital role in reaching a resolution.

1. Initiating the Legal Process

Before filing petition for child support in the family court, you must consult with our experienced lawyers who shall advice in the best interest of child. After consultation our child maintenance lawyers will prepare lawsuit and legal documents.

2. Legal Documentation for Child Maintenance

Following legal documents are required while filing a lawsuit for child maintenance;

• Petition for child maintenance
• Marriage proof of parents
• Birth certificate of child
• Income proofs of father
• Wealth statement or asset documents
• Financial needs of child such as education, healthcare and other proofs of other living expenses

3. Court Proceedings and Hearings

After preparing lawsuit our lawyers will file the petition in the court and the notices shall be issued to the father. Upon receiving notices by the father, he shall appear in the court alongwith his lawyer and submit his written statement in reply of the lawsuit filed by the mother.

After submission of written statement, the court will fix an interim maintenance which shall be payable by the father and if he avoids to pay then the court will strike off his right of defense and proceed with the claim of mother in view of Section 17-A of Family Courts Act.

And if the father consistently pays the interim maintenance of the child he shall be heard. Issues relating to the disputes will be framed and the court will record the evidence of both the parties.

While concluding the case of child maintenance, the court shall determine a fix amount of maintenance subject to the adjustment of interim maintenance alongwith the increment which is normally a 10% annual increment according to the needs of child.

4. Legal Representation for Appeals

If the father is not satisfied with the court’s decision, our child support appeals lawyer will help them to prepare an appeal and represent them in the appellate court. Appellate court normally consider the same factors as listed above and pass an appropriate order by allowing or dismissing an appeal.

Enforcement of Child Maintenance Orders

Enforcing maintenance orders of the court is important to guarantee the financial support determined by the court. There are legal consequences for non-payment, and concerned authorities have a part to play for ensuring compliance of family court orders.

1. Legal Consequences for Non-Payment 

Following possibilities arise when father avoids the payment of child maintenance or disobey the courts orders;

1. If father deliberately disobeys the orders of the court, the petitioner shall have a right to file contempt of court proceedings.
2. If father avoids payment of maintenance in compliance of the orders of the court, then the court is empowered to close the right of defense of the father and proceed with the claim of mother accordingly.

2. Role of Authorities in Enforcement

Court is empowered to enforce its order for ensuring the payment of child maintenance against the father in an execution proceeding filed by the mother. If the father, after reasonable opportunities, deliberately avoids the payment then the court is empowered to issue arrest warrants against the father and send him in civil prison and thereafter forfeit the assets or attach the salary of the father and recover the payment of maintenance.

3. Cross-Border Enforcement of Court Orders

Enforcing court orders across international borders in child support cases requires legal frameworks and diplomatic considerations. This depends on the existence of international agreements and the cooperation between countries.

Hague Convention on Child Support: Some countries are signatories to the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. This convention has determined a procedure for the recognition and enforcement of child support orders of the court across the borders.

Hague Central Authorities: In the countries who are signatories to the Hague Convention, Central Authorities has designated under the convention which play an important role by facilitating communication between countries.

Bilateral Agreements: Some countries have bilateral agreements between them which addresses the concern regarding enforcement of court orders related to child support.

Designated Agencies: In case of bilateral agreement, countries have designated specific agencies or authorities who are responsible for handling cross-border child support enforcement.

Seizure of Assets: This way of enforcement allows the authorities for the seizure of assets, including bank accounts, real estate, or personal property, to satisfy outstanding child support obligations.

Withholding of Income: Income withholding orders of the enforcing authorities may also be exercised to deduct child support payments directly from the obligated parent’s income.

Rights and Obligations of Parents

Welfare of a child is a paramount consideration; therefore, non-custodial father is under legal obligation to pay child maintenance and custodial mother have a legal obligation to provide excellent welfare to the child under the available circumstances and resources.  Balancing these obligations are essential to ensure the best interests of the child are met in a good environment.

• The mother has a right to seek financial support from the father of child.
• If there are significant changes in circumstances, such as an increase in the child’s needs or a change in the father’s financial situation, the mother has the right to seek a modification of child support orders.
• If the father fails to comply with child support orders, the mother has a right to access legal remedies to enforce court orders.
• In cases of legal custody, the mother has an obligation to make significant decisions regarding the child’s upbringing, including education, healthcare, and religious upbringing.
• The father has a right to access the child’s educational and medical records.
• The father has a right to exercise his visitation rights as directed by the court.
• While the mother has rights, she also has responsibilities to act in the best interests of the child, which includes promoting a positive relationship of child with his father.

Child Maintenance in Pakistan

A child maintenance refers to the financial support provided by the father to the mother for the upbringing and welfare of their child or children. This is particularly in the situations where the parents are separated, divorced, or not living together.

The basic purpose of child maintenance is to ensure that both parents are contributing to the child’s living expenses, education, healthcare, and other essential needs.

Child maintenance can be determined by initiating legal proceedings in the family court or by executing an agreement between the parents which is commonly known as mediation.

Core elements of child maintenance are as follows:

Basic Living Expenses: Child maintenance covers basic living expenses such as food, clothing, and shelter.

Educational Costs: It also includes financial support of child for his education, including school fees, books, and other related expenses.

Medical and Healthcare: Child maintenance may also cover medical and healthcare costs for ensuring that the child has access to necessary medical services.

Calculation of Child Maintenance in Pakistan

Calculation of child maintenance depends on various factors which help to determine a reasonable amount as a financial support of the child.  The primary purpose is to ensure that the child’s living expenses, education, healthcare, and other essential needs are being fulfilled. In Pakistan, following elements are commonly considered by the family courts while calculating child maintenance;

• Source of Income: Father’s source of income and his personal expenses including financial obligations towards his family
• Basic Living Expenses: Basic living expenses, including housing, food, clothing, and utilities of a child.
• Education Expenses: Child’s education, such as school fees, books, and uniforms, and other expenses occurred on his education.
• Medical and Healthcare: It may also include expenses for medical and healthcare for ensuring the child good health.
• Maintenance for Each Child: Child maintenance is calculated on a per-child basis which means that the financial obligation upon father may increases with the number of children.
• Special Needs: If the child has special needs or requires additional support being disabled then extraordinary expenses may be considered into the calculation.
• Extracurricular Activities: Costs associated with extracurricular activities such as sports, music lessons, or tutoring, may also be considered.

Modification of Child Maintenance Orders

Yes, child maintenance orders can be modified under certain circumstances in order to continue financial arrangements to meet the evolving needs and situations but subject to the procedure adopted by the family courts. Following can be the reasons of modification;

• Loss of employment or income of the father as well as increment in the income, collectively referred to as change in income.
• Changes in custody arrangements means the custody has been transferred from mother to father voluntarily or through orders of the court.
• Child’s educational or medical expenses has increased.

Legal Consequences of Non-Payament of Child Maintenance

Legal consequences and remedies are activated when a father neglects his child maintenance obligation by failing to pay maintenance amount. Following legal consequences may arise;

• A mother has an option to seek enforcement of orders. This may be effective by bringing the matter back to court and requesting that the father may be forced to pay the maintenance.
• Non-payment may lead to contempt of court proceedings if a father willfully and knowingly fails to comply with the court’s order.
• In certain cases, the court may order for seizure of assets or properties belonging to the father so as to satisfy the outstanding child maintenance debt.
• The court may impose financial penalties on the father requiring them to pay additional fines on overdue child maintenance.
• To ensure payment, the court may order for income withholding which means that the salary of father may be attached or his bank account may be blocked.
• If despite all the efforts no option is left, father may be confined in civil prison for a term of one-year.

Legal Obligation for Payment of Child Maintenance

In Pakistan, father is under obligation for paying child maintenance which is actually governed by family laws on Pakistan which outlines the rights and obligations of both the parents.

A father is responsible to cover the basic needs of the child such as food, clothing, education and healthcare which collectively considered as welfare of child. Whereas, mother’s role is monitor and look after child’s upbringing.

Overall, in case of separation or divorce, family courts in Pakistan have to determine custody of a child and his maintenance arrangements. The court may determine an appropriate amount for child maintenance to be paid by the father. And if a father fails to comply with the child maintenance obligations, a mother can seek enforcement through family courts.

Process of Claiming Child Maintenance in Pakistan

We have explained the process of claiming child maintenance in Pakistan step by step as follows;

Step 1 – Legal Consultation & Case Analysis:

Before initiating a process of claiming child maintenance from the court, you must consult with our child maintenance attorney in Pakistan. Our legal professionals will guide you regarding the entire process by conducting case analysis from filing petition to the case decision.

Step 2 – Legal Documentation:

After case analysis our family lawyer will help you for collecting necessary documents such as the child’s birth certificate, evidence of marriage, preparing child support petition and other related documents including court orders related to custody and separation.

Step 3 – Petition Filing:

After collection of all legal documents and preparation of petition, we file a maintenance lawsuit in the family court in whose jurisdiction child or mother is residing. Our petition explains the maintenance amount and also provide reasons supporting the claim.

Step 4 – Issuance of Notices:

After filing a lawsuit, the court passes a direction for issuance of notices to the father through registered postal service, publication of notices in newspaper as well as intimation through WhatsApp, SMS and Telephonic call to the father.

Step 5 – Submission of Written Statement:

If the notices has been properly served and father don’t appear in the court then the court may proceed in his absence but if the father attends the proceeding, then the court direct him for submission of written statement.

Step 6 – Fixation of Interim Maintenance Amount:

After submission of written statement by the father, the court fix an appropriate amount as an interim maintenance while considering the factors as mentioned above. This interim maintenance amount is liable to be paid by the father on every month and consequence of non-payment would be closing of right of defense of the father in view of section 17-A of Family Courts Act.

Step 7 – Recording of Evidence:

After framing of issues in the case, the court direct the parties for submission of evidence. Such evidence includes oral evidence through witnesses as well as documentary evidence including source of income, property details and needs of child.

Step 8 – Decision of Case:

After recording the evidence by both the parties i.e. mother and father, the court assesses the specific needs of the child such as food, clothing, education, healthcare, living standards, extra-curricular activities and overall welfare and thereafter passes final order by fixing permanent amount of maintenance subject to an increment per year.

Step 9 – Enforcement of Orders:

After the decision, mother would need to file an execution petition for enforcing the final decision of the case. This step is of very importance because mere passing an order is not sufficient unless the same gets enforced which ensure the payment of maintenance.

Step 10 – Consequence of Non-Payment:

If a father fails to pay the maintenance amount, then the court is empowered to force a father by issuing his warrants of arrest, forfeiting his assets or sending him in the civil prison for not more than one year.

Step 11 – Filing of Appeal:

If any party is not satisfied with the decision of the court, he/she may have a right to file an appeal by challenging the final order of the court. Appeal of child maintenance has its own procedure as determined by the family laws of Pakistan. You must consult with our family lawyers if you are intending to file an appeal.

Age Limit of Child for Claiming Child Maintenance

Family laws of Pakistan stipulates that a female child (daughter) must be financially maintained by the father till her marriage and her marriage expenses shall also be afforded by the father as well. But after her marriage she is not entitled to claim her maintenance from her father because maintenance obligations get changed from father to her husband. Furthermore, a father will still have an obligation to maintain her in case of her divorce and also if she is unemployed.

Whereas, in case of a male child (son), he has a right to get maintenance from his father till his age of majority. But in case of disability with no source of income he would still have a right to claim maintenance from his father.

Child Maintenance Without Divorce

A mother who is not divorced but separated can definitely file a petition for child maintenance subject to compliance of certain requirements such as that the mother is residing separately with the child and she has no source of income. In view of Islamic as well as family laws of Pakistan, it is an ultimate responsibility of a father to provide financial support to his child. Hence, factor of divorce is not associated with the maintenance of a child.