What financial rights do children have after their parents’ divorce?

Divorce Procedures in Pakistan is a challenging and emotional process for any family, and its impact is especially significant on children. One of the most crucial aspects to address after a divorce is the financial well-being of the children involved. The law in most jurisdictions, including Pakistan and many other countries, prioritizes the welfare and best interests of the child above all else. Therefore, even after a marriage is dissolved, both parents remain financially responsible for their children. This responsibility translates into specific financial rights that children are entitled to after their parents' divorce.

1. Right to Financial Support

The most fundamental financial right of a child after their parents' divorce is the right to receive financial support. This support is typically referred to as child maintenance or child support. Both parents, regardless of who has custody, are legally obligated to contribute to the upbringing and daily expenses of their children. However, the non-custodial parent (the one who does not live with the child) is usually required to pay maintenance to the custodial parent to help cover the child's needs.

In Pakistan, under the Muslim Family Laws Ordinance, 1961, and Guardian and Wards Act, 1890, the father is typically considered responsible for the financial maintenance of the children. This includes food, clothing, shelter, education, medical care, and other basic necessities. The amount is determined by the family court based on the father's financial capacity and the needs of the child.

2. Right to Education

Children have the right to continue their education after the divorce of their parents. This includes payment for school fees, books, uniforms, tuition, and other education-related expenses. The courts usually ensure that a child’s education is not disrupted due to the breakdown of a marriage. If the child was attending a private institution before the divorce, efforts are made to allow them to continue their studies at the same or a similar standard.

Parents may also be required to contribute to higher education costs if the child is pursuing college or university education. In some cases, courts may order parents to share these expenses even after the child turns 18, especially if the child is still studying and not financially independent.

3. Right to Medical Care

Another essential financial right is access to healthcare. Children are entitled to receive proper medical attention, including regular checkups, emergency care, surgeries, and mental health support. Typically, the cost of medical care is included in the child maintenance order. Some jurisdictions also require parents to maintain health insurance coverage for the child as part of their financial obligations.

In Pakistan, while medical expenses are not always specifically itemized, they are considered part of the general maintenance obligation. The custodial parent may approach the family court to increase maintenance if the child requires special medical treatment.

4. Right to a Standard of Living Consistent with the Parents' Means

Children have the right to a standard of living that is consistent with the lifestyle they had before the divorce, within reason. Courts try to minimize the disruption in a child's life by ensuring that their living conditions remain stable. This does not necessarily mean that both households must be equal in wealth or comfort, but children should not be unduly deprived of comforts and opportunities just because their parents have separated.

5. Right to Inheritance and Property

Divorce does not affect a child’s right to inherit from either parent. Under Islamic law, children continue to be rightful heirs of both the mother and father. If a parent passes away, the child retains full inheritance rights, regardless of the marital status of the parents. Additionally, if property was jointly owned or held in trust for the benefit of the child, the child's rights to such property remain intact.

In Divorce Procedures in Lahore courts also recognize the right of a child to be supported from the estate of a deceased parent if the parent passes away while still liable for maintenance. This ensures that the child's financial security is preserved even in the absence of one parent.

6. Right to Legal Recourse

Children, through their custodial parent or guardian, have the right to seek legal remedy if the non-custodial parent fails to provide maintenance. In Pakistan, the family court can issue a decree for maintenance and take enforcement measures such as property attachment or even imprisonment in cases of willful default.

Conclusion

Children are innocent bystanders in the event of a divorce, and the law recognizes the importance of safeguarding their rights, particularly their financial security.The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes. Regardless of the breakdown of the marital relationship, the duty of care and financial responsibility towards the children remains intact. Through maintenance, educational support, healthcare provision, inheritance rights, and legal protections, the law ensures that the best interests of the child remain paramount. It is the moral and legal duty of both parents to cooperate and fulfill their obligations to ensure that their children continue to thrive after the divorce.