My ex-spouse has stopped paying maintenance in Malaysia. What can I do?

Missed maintenance is one of the most common problems after divorce. It is stressful, especially when children depend on it. The good news is that a maintenance order is not a suggestion: it can be enforced.

Step 1: Keep a clear record

Make a simple table:

Month	Amount due	Amount paid	Date paid	Balance

Attach bank statements. Keep messages where the payer gives excuses or promises to pay. This record will be your main evidence.

Step 2: Send a written demand

A short, calm message or lawyer's letter stating the arrears and asking for payment by a date often prompts payment. It also shows the court you tried to resolve the matter.

Step 3: Apply to court to enforce

For non-Muslim orders made under the Law Reform (Marriage and Divorce) Act 1976, the main enforcement routes include:

• Attachment of earnings: the Married Women and Children (Enforcement of Maintenance) Act 1968 provides for orders directing the payer's employer to deduct maintenance from wages and pay it over. This is often the most effective route where the payer is employed.
• Enforcing arrears as a debt: arrears may be enforced using the court's ordinary enforcement methods, such as garnishee orders against bank accounts, seizure and sale of property, and a judgment debtor summons. See enforcing a judgment.
• Committal: wilful disobedience of a court order can, in serious cases, lead to contempt proceedings. Courts treat this as a last resort and the procedure is strict.

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What if the payer says they cannot afford it?

The payer may apply to vary the order if there has been a genuine change in circumstances. Until the court varies it, the order stands and arrears continue to build. A payer who simply stops paying without applying puts themselves at risk.

What if the payer is self-employed or hides income?

Attachment of earnings works best with salaried payers. For self-employed payers, garnishee orders against bank accounts or business debts, or a judgment debtor summons to examine their means, may be more useful. Evidence of lifestyle, such as cars, travel and property, can help the court test claims of poverty.

What if the payer lives in Singapore or elsewhere?

Enforcement across borders is more complex. Some routes may be available depending on the country. Get advice early. See cross-border family law.

What about Muslim families?

Maintenance orders made by the Syariah courts are enforced through the Syariah system. The Family Support Division (Bahagian Sokongan Keluarga) of the Department of Syariah Judiciary Malaysia assists with enforcement of Syariah maintenance orders. This firm's guides focus on civil proceedings.

What should I prepare?

• A copy of the maintenance order.
• Your arrears table and bank statements.
• The payer's employer details, if known.
• Messages about non-payment.

Common mistakes: stopping contact between the child and the other parent as "punishment" (contact and maintenance are separate), accepting cash without receipts, and waiting too long so that arrears become very large.

When to speak to a lawyer

When payments stop or become irregular, especially if arrears are building. You can contact us; every case depends on its facts.

Frequently asked questions

Can I stop the other parent seeing our child until they pay?

No. Contact and maintenance are separate issues. Withholding contact can harm your own position.

Can I claim interest on arrears?

Possibly, depending on the order and the court's discretion.

Is there a time limit to claim arrears?

Time limits may apply to enforcing arrears. Act promptly rather than letting them build.

Can I make a police report?

Non-payment of maintenance is generally enforced through the court, not the police, unless other offences such as violence or threats are involved. See domestic violence protection.

Will the payer go to jail?

Committal is a last resort for wilful disobedience. The aim of enforcement is payment.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Law Reform (Marriage and Divorce) Act 1976 (Act 164), including sections 83, 88, 93, 95 and 96, AGC Laws of Malaysia
2. Married Women and Children (Enforcement of Maintenance) Act 1968 (Act 356), AGC Laws of Malaysia
3. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93

Fact-checked on 17 Oct 2026