Can You Deny Child Visits Over Unpaid Maintenance in Malaysia?
Quick Summary
If your ex-spouse refuses to pay child maintenance or alimony, you cannot stop them from seeing the children just because of the missed payments. Child access and maintenance are two separate legal responsibilities. If there is already a court order in place, both parents must follow it. This means one parent cannot refuse payment, and the other parent cannot block visits. Doing so may also put you at risk of breaching the court order.
If maintenance is not being paid, the proper solution is to take legal action to enforce the payment through the court. The unpaid amount can still be claimed, and in serious cases, the court may take action against the parent who refuses to pay without a valid reason. It is also important to act quickly because under Malaysian law, you can only claim unpaid maintenance for the last three years before legal action is started. If your ex is not paying, it is always better to enforce your rights through the court rather than stopping child access.
Can You Stop Child Access if the Other Parent Refuses to Pay
This is one of the most common questions we often get as a divorce lawyer in Malaysia.
You may be facing the same dilemma as well.
The question we often hear is this: “Can I stop my husband from visiting the children if he doesn’t pay for children’s maintenance or alimony?”
Are you having the same concern as well?
You Cannot Stop Child Visits Just Because They Don’t Pay
Well, to answer this question, the direct answer is NO.
The reason for this is that assuming that both the husband and wife have agreed to the divorce terms earlier and the Court has granted a divorce order, it is the duty and responsibility of both parties to respect and adhere to the Court order.
In the event if the husband is not paying or paying on time for the maintenance of children/alimony, it does not mean that the wife can unilaterally stop or deny the access of the husband from visiting the children. In fact, if the wife does so, she may be in breach of the Court order as well.
What a Wife Can Do If Her Ex Doesn’t Pay Child Support
This may sound unfair, but the rationale behind this is that the wife can always enforce her rights legally in the Court to claim what she is entitled to. In such circumstances, the wife can always claim outstanding maintenance from the husband in the Court through legal process. Various applications can be brought forward against the husband in this case to claim for maintenance of children and alimony. You may discuss with our divorce lawyer if necessary.
Eventually, if the husband cannot provide a valid reason or defence for failure to comply with the agreed terms earlier (ie to pay maintenance or alimony), then the Court may order that the husband to be imprisoned for not following the Court order. It is also important to note that the Court will not usually imprison the husband unless the act of the husband is deliberate and clearly acting in contempt of court.
What Happens If Maintenance Is Not Paid in Malaysia?
If maintenance is not paid, the unpaid amount does not go away. The person who should receive the payment can still take legal action to claim the money owed. Even if the person who failed to pay becomes bankrupt or passes away, the unpaid amount can still be claimed from their money or assets.
If the person who should receive the maintenance passes away, their family or legal representative may still claim the unpaid amount. However, there is a time limit. You can only claim maintenance that became overdue within the last three years before legal action is started in accordance to Section 86 (3) of the Law Reform (Marriage and Divorce) Act 1976. This is why it is important to take action early if maintenance payments have been missed.
Key Takeaways
- You cannot stop your ex from visiting the children just because they don’t pay.
- Both parents must follow the court order, including access and visitation rights.
- If the ex fails to pay child maintenance or alimony, the wife cannot deny access as a punishment.
- The wife can take legal action in court to claim unpaid maintenance, instead of blocking visits.
- You can only claim unpaid maintenance for the last three years, so it is important to act quickly.
- If the husband refuses to pay without a valid reason, the court may order legal consequences, including imprisonment for contempt of court (only in serious cases).
In short, the wife can always enforce her rights in the Court against the husband through legal process which is usually effective and practical. As they say, two wrongs don’t make a right. You always have a choice to make things right.
