Child maintenance: how to arrange and enforce it
In Malta both parents have a duty to maintain their children according to their means and the child's needs. Maintenance can be agreed between the parents or fixed by the court. Where a parent lives abroad or the order needs enforcing across borders, the Maintenance Orders (Reciprocal Enforcement) Act provides mechanisms. The underlying duty of maintenance is set out in the Civil Code.
Key facts
Deadline
There is no single fixed deadline to apply, but you should act without delay because maintenance is generally payable from when it is claimed. Enforcement of arrears is subject to limitation, so do not let unpaid amounts accumulate.
What to do
- Establish the child's needs and each parent's income and means, as maintenance is set in proportion to these.
- Try to agree maintenance in writing; agreements are often formalised before a notary or through mediation.
- If no agreement is possible, apply to the Family Court for a maintenance order.
- Keep records of all payments made or missed.
- If the other parent does not pay, seek enforcement of the order through the court.
- Where a parent or assets are abroad, use the reciprocal enforcement mechanisms for cross-border cases.
What to watch out for
- Informal, undocumented arrangements are hard to enforce later.
- Delaying a claim can mean losing maintenance for the earlier period.
- Allowing arrears to build up risks part of them becoming time-barred.
- Changing circumstances (income, needs) require a formal variation, not just a private decision to pay less.
Legal basis
Frequently asked questions
Who must pay child maintenance?
Both parents owe a duty of maintenance to their children in proportion to their means and the child's needs, under the Civil Code (Cap. 16).
How is the amount decided?
Either by written agreement between the parents or by the Family Court, based on the child's needs and each parent's means under the Civil Code (Cap. 16).
What if the other parent lives abroad?
Cross-border recognition and enforcement of maintenance can be handled through the Maintenance Orders (Reciprocal Enforcement) Act (Cap. 242) and applicable EU and international instruments.