LAIN-LAIN 1. ) PEMPETISYEN CHOO CHIN FEI (CCF) 2. ) PEMPETISYEN LEE WANSHI (LWS)

LAIN-LAIN 1. ) PEMPETISYEN CHOO CHIN FEI (CCF) 2. ) PEMPETISYEN LEE WANSHI (LWS)

The court found the total monthly maintenance for both children remained at MYR6,000 because the consent order should not be lightly disturbed; however Applicant proved a material change in his financial circumstances (salary reduction and AKPK assistance) on the balance of probabilities, justifying a reduction of his personal contribution from MYR6,000 to MYR3,000. The court refused to order an equal division of the maintenance because the father has the primary obligation and the mother’s contribution was not warranted on the evidence.

Citation
33(JP)-366-05/2015 (Mahkamah Tinggi)
Parties
Applicant (husband): CCF (H); Respondent (wife): LWS (W)
Court
JP
Jurisdiction
Malaysia
Judgment Date
9 June 2021
Case Number
33(JP)-366-05/2015 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition / Application to Vary Maintenance Order (judgment)
Outcome
Total maintenance for two children remains MYR6,000 per month; Applicant's contribution reduced to MYR3,000 per month; no order to divide the Applicant's contribution between the parties.
Legal Topics
Variation of Consent Order, Child Maintenance, Material Change in Circumstances, Duty to Maintain Children
Source Language
Malay/English
Family Law Maintenance Civil Procedure Variation of Consent Order Child Maintenance Material Change in Circumstances Duty to Maintain Children

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Parties

CCF (H)

Applicant (husband)

LWS (W)

Respondent (wife)

Procedural Posture

Divorce Petition / Application to Vary Maintenance Order (judgment)

Legal Issues

  1. 1 Whether the agreed maintenance sum was excessive
  2. 2 Whether there was a material change in circumstances to vary the Applicant's contribution
  3. 3 Whether the maintenance obligation should be divided between the parents

Ratio Decidendi

The court found the total monthly maintenance for both children remained at MYR6,000 because the consent order should not be lightly disturbed; however Applicant proved a material change in his financial circumstances (salary reduction and AKPK assistance) on the balance of probabilities, justifying a reduction of his personal contribution from MYR6,000 to MYR3,000. The court refused to order an equal division of the maintenance because the father has the primary obligation and the mother’s contribution was not warranted on the evidence.

Court Disposition

Total maintenance for two children remains MYR6,000 per month; Applicant's contribution reduced to MYR3,000 per month; no order to divide the Applicant's contribution between the parties.

Orders

  • Total monthly maintenance for both children to remain MYR6,000
  • Applicant to pay MYR3,000 per month towards children’s maintenance