Maintenance Pending Suit (MPS) is a temporary financial support order granted by a court while divorce, separation, or child maintenance proceedings are ongoing. It ensures that one party or children continue to receive necessary financial assistance until a final arrangement is determined. If you request maintenance pending suit during divorce proceedings, the court will determine the amount and duration of the payments by considering the needs of you and your children (if any) and your spouse’s ability to pay.
What is a maintenance pending suit in family law?
Maintenance Pending Suit (MPS) is financial support ordered by the court payable to a spouse/partner or children while legal proceedings, such as divorce or child maintenance cases, are pending.
Who can claim maintenance pending suit?
The spouse/partner or parent who needs financial support during ongoing proceedings can apply to the court for MPS.
How is the amount decided?
The courts will look at your immediate needs and those of any children, the income/ earnings and financial resources of your ex-spouse/partner and the standard of living you were used to while married/living together.
How long does a maintenance pending suit order remain valid for?
MPS lasts until a final maintenance order is made by the court or the proceedings conclude.
Can the maintenance pending suit amount be changed?
Yes. An application for variation can be filed by either party on a substantial change in financial circumstances. The court will review the circumstances and vary the order accordingly.
Is maintenance pending suit enforceable?
Yes. Once made, the order will be binding and can be enforced by the court.
Does maintenance pending suit include expenses for children?
Yes. The court ensures that children receive adequate support for food, education, health, and general welfare during ongoing proceedings.
Do I need an attorney for a maintenance pending suit order?
You do not necessarily need one. However, it is advisable to seek legal advice so that your application is drafted properly and all financial circumstances are brought to the attention of the court.