How to File a Child Maintenance Case in Pakistan?

The Application for Child Maintenance in Pakistan

Navigating the process of filing a child maintenance case in Pakistan can be complex and typically involves multiple consultations with a qualified child custody lawyer. To help you get started and understand what to expect, we’ve outlined a step-by-step guide on how to approach a child support case in Pakistan. This guide aims to demystify the process and provide clear directions to assist you in your journey.

Understanding the Child Support Laws in Pakistan

The first step of filing a child maintenance case is finding a Lawyer who is an expert in child custody and maintenance. He will provide you with in-depth insights into the complexities of child maintenance laws and how they can benefit you. Be sure to ask them the right questions about the legal frameworks and your rights or obligations.

Filing a Lawsuit for Child Support

Once you have clarity about your case, it is time to file a lawsuit where the lawyer will assist you throughout. For this, you will require some necessary documents like the child’s birth certificate, proof of your earnings, proof of your ex-partner’s earnings, proof of monthly expenses, and more. After you have submitted the application for a lawsuit and supporting documentation, it will initiate the legal proceedings in the family court.

Please note that you can file a lawsuit in the family court or union council. Discussing it with your lawyer is better to decide.

Court Representation

At this point, you need a family lawyer representing you in court, especially if there are disputes and disagreements in the case. The lawyer will submit evidence and proceed with the legal sessions for you(the client). He will help you to get a fair and just amount for your child’s health, school, and other expenses.

Modification of the Child Maintenance Orders

Once the legal proceedings start, the lawyer will assist you by filing petitions and challenging orders to support the decided amount. They may also modify the amount proposed depending on the changes in income, employment, or the child’s need.

Enforcement of the Child Maintenance Orders

Finally, once the court issues a decree, these lawyers will make sure the decision is enforced. They adopt the legal mechanisms to make sure the parent under obligation complies with the court orders, be it forfeiting the assets, attachment of salary, detention in prison, or auction of properties.

What is the Age Limit for Children to Qualify for Maintenance?

The age limit to claim child maintenance for sons and daughters is different in Pakistan. Speaking of the daughter, she is eligible to claim maintenance until she gets married, as it is generally considered that the responsibility of a woman shifts from father to husband after marriage. Given that she is a minor and divorced, her father again becomes the legal heir and, hence, is obligated to pay the maintenance.

Speaking of the son, he is only eligible to claim maintenance until the age of 18 years. Aside from a living allowance, the father is also obligated to pay for his academic fees and other educational expenses. It applies to the condition where the son, despite having attained the age (18 years), is still unemployed and unable to fund his education.

What is the Procedure Where a Father Fails to Comply with the Maintenance Order or Judgement of the Court?

If the father fails to comply with the maintenance order from the court, stern legal action will be taken against him. In these cases, the court may decide to auction the property of the father, attach his bank account, and monitor his salary, as applicable.

If there are no assets in the name of the father, he may be arrested on the court’s direct orders. Typically, the sentence to jail in this case is for a minimum of six months and a maximum of one year.