How child maintenance is decided in Malta

People often ask for a calculator or a standard amount. In Malta there is no fixed formula for maintenance in the Civil Code. The court looks at the circumstances of each family. Article numbers refer to the Civil Code, and “regulations” to the Family Court Proceedings Regulations, 2026.

The basic rule

Maintenance is due in proportion to the need of the person claiming it and the means of the person who has to pay (article 20). It covers food, clothing, health and housing, and for children also the expenses of health and education (article 19). Both parents must look after, maintain and educate their children (articles 3B and 7).

What the court looks at

After separation, the court has regard to the means of the spouses, their ability to work and their needs, and to the circumstances of the children, including (article 54):

• the needs of the children;
• any disability, or illness that affects a person’s ability to support themselves;
• whether a spouse’s earning ability was reduced because they looked after the home and children;
• all income and benefits each spouse receives;
• the housing needs of the spouses and children.

The court’s decision must be reasoned, and must also set out how each parent contributes to the children’s health, education and extracurricular expenses (regulation 30).

A change may be coming

A new article 21A allows the Minister for Justice to make regulations on how maintenance is calculated. This may change the position in future.

How long it lasts

A parent’s duty continues beyond eighteen for a child under twenty-three in full-time education, training or learning, and for a child with a disability (article 3B).

If circumstances change

If the means of the person paying, or the needs of the person receiving, change, the court can vary or stop maintenance (articles 21 and 54). To change a court order or separation terms, you go through mediation first unless you both agree (regulations 39 and 44).

If it is not paid

The court can order a portion of a salary to be paid directly to the person owed maintenance, or a standing order to be set up (Code of Organization and Civil Procedure, article 381; regulation 30). Not paying can also be a criminal contravention (Criminal Code, article 338).

Where to start

Bring your income and outgoings, your children’s expenses and any existing orders or agreements. See maintenance.