The Family Court has formally requested Parliament to grant trial judges the authority to determine child support expenses based on the financial capacity of the father.

This appeal was made before the Parliament Gavaaidhu Committee, which convened in response to a complaint filed by MP Mohamed Ibrahim of the North Galolhu constituency regarding the payment of child support obligations.

The session was attended by senior officials from the Family Court, the Department of Judicial Administration (DJA), and family legal clinics.

During the proceedings, Family Court Legal Officer Ahmed Mausoom highlighted that while the law currently stipulates a minimum payment of MVR 2,000 for a single child and an additional MVR 1,000 for each subsequent child, actual expenses in some cases have reached as high as MVR 16,500 per child. This variation accounts for costs associated with education, nutrition, and other essential needs.

Mausoom spoke of the significance of recognising the diverse financial circumstances of parents and the varying needs of children. He emphasised that the issue of non-payment of child expenses remains a serious concern and necessitates comprehensive legal reforms to enhance the role of the Family Court in addressing these challenges effectively.

The Family Court has proposed that, rather than enforcing a fixed statutory amount, trial judges should assess child support obligations based on the financial means of the respondent and the standard of living maintained during the marriage.

Mausoom explained that different families make different choices regarding education, nutrition, and other essential expenditures, rendering a uniform approach impractical.

Mausoom emphasised the importance of taking an individual's income and financial capability into account when determining child support. He noted that families have different preferences regarding their children's education, diet, and overall well-being, and these should be reflected in court decisions.

He further noted the difficulties faced by financially disadvantaged parents in fulfilling these obligations and stressed the importance of assessing the underlying causes of non-payment before legal action is pursued.

Senior Legal Councillor at the Ministry of Gender, Family and Social Services, Aishath Ifadha, echoed this perspective, affirming that while the law prescribes a baseline amount, it also provides provisions for additional expenses under specific conditions. She advocated for a holistic approach to ensure that children's financial needs are met in a manner that is both fair and sustainable.

It was resolved that relevant institutions would reconvene in two months to evaluate their handling of child support cases and discuss potential legislative adjustments.

The Family Court's proposal, if implemented, could pave the way for a more equitable system where child support obligations are tailored to individual circumstances rather than rigid statutory mandates.