Child Support and Maintenance law in Nepal

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Child support and maintenance is the payment made by one parent (often the non-custodial parent) to the other parent for the support of the child they have in common. Parents’ obligation to pay for child support is in the best interest of their child. The Child Support Payment Order provides for the transfer of income from one parent to the other so that both parents’ income can be used to support the child.

The question of child support and maintenance arises when the husband and wife don’t live together under the same roof. Such separation may happen after or when filed for a divorce or even without filing for divorce. In case of the only separation of husband and wife without the formal procedure of divorce, the application for the child support and maintenance should be submitted to the municipality office. However, in case of formal divorce, then the application for the child support and maintenance should be submitted to the nearest municipality and district court for the child support and maintenance cost. After the final settlement of divorce, a child will have two parents. One custodial and the other non-custodial. It is the non-custodial parent who has to pay for the child support and maintenance cost in Nepal. Child support and maintenance costs include financial support for the right upbringing of the child. Child support and maintenance cost is the predetermined sum of money fixed during the course of a divorce. The child support and maintenance cost are paid on a monthly basis as per the order of the court to the parents who retains primary custody of the child.

The procedure of getting child support and maintenance cost in Nepal

Here is the detailed step by step procedure of getting the child support and maintenance cost in Nepal:

1. Applications in municipalities and District Court

If you are seeking divorce and filing for divorce with the claim on property, you have to apply for the child support and maintenance cost in the nearest district court. The court will charge you a certain amount for submitting an application for child support and maintenance costs. If you as a parent who is submitting such an application is not able to pay for the charging cost, then on the recommendation of the respective ward office, the charge may be dismissed or waived.

The second condition is when you are not filing for divorce neither claiming for property share but you are living separately. Then you have to apply for the child support and maintenance cost in the respective municipality.

2. Issue of summon or Notice

If the non-custodial parent is staying elsewhere, the court or municipality will issue a seven-day summons or notice. This notice will notify the non-custodial parent that the other parent has applied for child support and maintenance costs. After receiving the summon, the non-custodial parent has to attend the hearing in the court on the given date as mentioned in the summon. In the hearing, the court will determine whether the non-custodial parent is responsible and is able to pay for the child support and maintenance cost.

3. Calculation of the amount

Courts and municipalities consider a number of factors when determining child support and maintenance costs. Such factors include:

• The income of the parents( both custodial and non-custodial)
• Number of children
• Age of the children
• Basic living expense
• Education expense such as school or college fees
• Whether the child has any special need such as treatment for serious illness or disability
• Medical expense
• Daycare expense
• Extra tuition fees

All these factors and some others may be taken into consideration when the court decides for the child support and maintenance cost.

• Child support orders

Courts and municipalities may issue interim child support orders to provide the necessary funds immediately. Child support orders include the payment order for specific needs such as school fees, daycare, and medical expenses. In some cases, non-custodial parents may pay these expenses directly to the concerned parties rather than to pay to the custodial parent. For example, he may pay the school fees directly to a child’s school instead of giving money to the custodial parent.

Frequently Asked Questions regarding Child Support and Maintenance cost

When you are seeking and thinking of applying for child support and maintenance costs, there may be lots of and questions. Therefore, we have here listed some common questions that may come in your mind and tried to answer them so you have no confusions and doubts.

1. What is child support and maintenance cost?

Child support and maintenance is the amount of money that the non-custodial parent will have to pay the custodial parent to help with the expenses of the child or children under the age. The amount that must be paid is called the child support order.

2. How long do you have to pay for child support and maintenance?

According to the law of Government of Nepal, you as non-custodial parent has to pay for child support and maintenance until the child reaches the age of maturity. If the child is minor, he is still studying and unemployed, he has the right to get the child support and maintenance cost. There are special circumstances under which the court may order to pay for the child support and maintenance cost even after the child is an adult. In Nepal, if the child has already taken his share of the property, then the non-custodial parent doesn’t have to pay for the child support and maintenance cost.

3. How does the court determine the cost for child support and maintenance?

When the custodial parent applies for the child support and maintenance cost, the court asks both the parents to submit every detail of their monthly income and expense. Based on the income and the amount of time each parent spends with the child, the Court and municipality uses a standard formula to determine the child support and maintenance amount.

4. What Happens if the non-custodial parent fails to pay child support and maintenance cost?

Failure to pay child support usually occurs that many families may face. In such cases, the court and the municipality may direct the concerned government office to deposit the amount in the child’s account. Here, the court may issue an additional court order for the non-custodial parent to make the payments. If the responsible parent fails to pay the child support and maintenance cost repeatedly, then the court may sue for contempt of court.

5. How can the child support lawyer help you?

In cases of divorce, the question of child-rearing, education, and upbringing is a very sensitive issue. Often the disputes concerning child custody are the common ones in the divorce cases. Therefore, you need to seek the assistance of an experienced and efficient child support lawyer who can give you the right guidance and assistance. Else, the inexperienced lawyer can cause you mental anguish and financial ruin. Here in divorcenepal.com, we have experienced and skilled child support lawyers who can guide you and save you from painful long legal procedures in the court.

Conclusion

In the case of the final settlement of the divorce, child support and maintenance cost is the most sensitive issue that needs to be handled with much care. The team of divorce Nepal is here for you who can assist you in the proper handling of such cases regarding child support and maintenance.