Best Child Support Lawyers in Kegalle

About Child Support Law in Kegalle, Sri Lanka

Child support law in Kegalle, Sri Lanka is governed by a combination of national legislation and local judicial practice. The purpose of child support is to ensure that children receive financial assistance from both parents, even if they are separated or divorced. In Kegalle, as in other parts of Sri Lanka, family courts play a vital role in determining and enforcing child support obligations, aiming to protect the best interests of the child. Non-custodial parents are generally required to contribute financially to the upbringing of their children, covering basic necessities such as food, clothing, education, and healthcare.

Why You May Need a Lawyer

There are several situations in which people in Kegalle might need legal advice or assistance regarding child support:

• If you are separating or divorcing and need to arrange child support payments.
• If your former partner is not paying the agreed-upon child support.
• If you are unsure about your legal rights and responsibilities regarding child maintenance.
• If you wish to modify an existing child support order due to changes in income or circumstances.
• If you need help calculating the appropriate amount of support.
• If there are disputes regarding child paternity or parentage that affect support obligations.
• If child support payments are in arrears and enforcement is needed.

Local Laws Overview

Child support issues in Kegalle fall mainly under the Maintenance Act No. 37 of 1999 and related family law statutes in Sri Lanka. Key points to know include:

• Both parents are legally required to financially support their children, regardless of marital status.
• Maintenance claims are made at the Magistrate’s Court in Kegalle, which considers the financial needs of the child and the means of the parents.
• The court assesses both parents’ income, assets, commitments, and the child’s expenses before deciding on payment amounts.
• Orders can be reviewed and altered by the court if circumstances change, such as loss of employment or increased costs of living.
• Failure to pay court-ordered child support can result in legal penalties, including fines or imprisonment.
• Special provisions exist for children with disabilities or additional needs, potentially requiring higher maintenance payments.
• Child support generally continues until the child reaches the age of 18, or longer if the child cannot support themselves due to health or educational reasons.

Frequently Asked Questions

Who can apply for child support in Kegalle?

Any parent or legal guardian of a child who is not receiving sufficient financial support can apply for child maintenance through the Magistrate’s Court.

How is the amount of child support determined?

The amount is decided by the court based on the child’s needs and the financial capacity of both parents. Relevant factors include income, living costs, and any special requirements the child may have.

What happens if the non-custodial parent refuses to pay child support?

If the non-custodial parent fails to comply with a maintenance order, the court can enforce the order through legal means, including asset seizure, wage garnishment, or imprisonment.

Can child support orders be changed after they are issued?

Yes, either parent can request the court to review and change the order if there is a significant change in circumstances, such as job loss or increased expenses for the child.

What if the father denies paternity?

If paternity is disputed, the court may order a DNA test or consider other evidence. If paternity is established, the father will be obligated to pay child support.

Does child support cover education expenses?

Usually, child support is intended to cover all basic needs, including education-related costs, unless specified otherwise by the court.

Is it possible to claim child support if the parents were never married?

Yes, child support obligations exist regardless of marital status, as long as paternity or legal guardianship is established.

How long does child support last?

Typically, child support is required until the child turns 18 or is able to earn a livelihood. Support may continue longer for children with disabilities or ongoing education needs.

Can I represent myself in court for a child support case?

Yes, self-representation is allowed, but engaging a lawyer is highly recommended due to the legal complexities and to ensure the best interests of the child.

What documents are needed to file for child support?

Essential documents include the child’s birth certificate, proof of income and expenses, bank statements, and any evidence supporting your claim for maintenance.

Additional Resources

If you need more help or information about child support in Kegalle, the following resources may be useful:

• Kegalle Magistrate's Court - Handles child maintenance applications and related legal procedures.
• Legal Aid Commission of Sri Lanka - Provides free or low-cost legal advice for eligible individuals.
• Department of Probation and Child Care Services - Offers support to children and families in need, including guidance on children’s rights and care.
• Women and Children’s Bureau (Sri Lanka Police) - Assists with complaints relating to non-payment of child support and other child protection matters.
• Local lawyers and family law specialists - Can provide personalized advice and representation for your case.

Next Steps

If you need legal assistance regarding child support in Kegalle, consider the following steps:

• Gather all relevant documentation about your income, expenses, and child’s needs.
• Contact a qualified family lawyer or visit the Legal Aid Commission for legal advice.
• Make an appointment at the Kegalle Magistrate’s Court to file for maintenance if needed.
• Be honest and detailed in your application to improve your likelihood of a favorable outcome.
• Follow up regularly with your lawyer and the court to stay updated on your case’s progress.

Understanding your rights and options is essential for ensuring your child receives the support they are entitled to by law.