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Cost-Divorce Child Costs, Who Pays It?


Dec 10, 2020
Cost-Divorce Child Costs, Who Pays It?

Divorce is a frightening specter for every family (husband, wife, and children), the causes of divorce can vary, including failure to communicate, infidelity, domestic violence, economic problems, early marriage, cultural changes, and so on. etc. After the divorce, there are adjustments that must be made by both parties (ex-husband and ex-wife) to their new life. Especially financial problems, especially from the marriage between them having been born a child (child).

If during the marriage, the husband becomes the financial donor of the family, then after the divorce the ex-wife has to work hard to support herself. Especially if the custody of the child is in their hands, then the mothers are responsible for “bearing” the child’s living expenses. In general, after divorcing many families experience a decrease in their standard of living by more than 50%.
This is what should not happen, after divorce you (mothers) can still live to the same standards as when you were married.

What happens if a divorce occurs, here are the legal consequences for the obligations of both parents, and how it relates to financial planning that should have been planned by both parties.

If a marriage breaks up because of divorce, both the mother and the father are still obliged to care for and educate their children, solely on the basis of the child’s interests.

• The father is responsible for all maintenance and education costs required by the child, if in fact the father is unable to provide these obligations, the court can determine that the mother is responsible for the costs.
• The father is still obliged to provide for the child according to his ability, at least until the child is an adult and can take care of himself (21 years). (
• A wife can be justified asking her husband to continue providing support to her for a certain period of time after divorce, through court mechanisms.

In the practice of daily life the question often arises, if there is a distribution of assets gono gini (joint property in marriage), what then is the scheme for financing children (children) after divorce? Referring to the two legal systems above (both positive law and Islamic law), there is no “special location” fee for children whose parents divorce in gono gini assets. The editorial staff of the two laws and regulations above are very clear. Whereas the obligation to pay for the child rests on the father’s side, and the mother can bear the costs if in reality the father cannot carry out this obligation (for example, he has no income). So even though the property has been distributed to former wives and husbands, this does not necessarily invalidate the father’s obligation to provide for a living.

The cost of a joint venture between a former husband and wife only appears when in reality the father does not have the ability to bear the costs of the child himself.

Continuation of education funding for children, should be decided according to mutual agreement. Even though it refers to both state and religious law, these fees are part of the father’s responsibility.

Ex-husband and wife can make a mutual agreement to be able to monitor and maintain investments that are already running for the benefit of the child. If necessary, the agreement can be made in the form of a notarial deed.

The purpose of being legalized is to prevent one party from denying obligations. It does not need to be legalized, because if a father renounces to provide support for his child after the divorce, then it is clear that he has violated the provisions stipulated in the marriage law, especially Article 41. And for such violations there will be legal consequences, because the law is compelling. The mother can file a lawsuit with the court based on the provisions of article 1365 (Acts against the Law) and on the basis of default.

Preventive measures must be taken to avoid unforeseen events in the future, such as divorce. One of the preventive actions that can be taken is to make a family financial plan so that the child (s) can still have their needs met until they finish their highest education and can be financially independent.