A maintenance amount fixed years ago can quickly become inadequate as school fees, medical costs and living expenses rise. This guide explains when a family court can increase child maintenance, how the annual increase under the Family Courts Act works, and what evidence to file.

A maintenance order fixed five years ago was meant for the prices and school fees of five years ago. When fees rise, a child falls ill, or the father starts earning more, that old figure can stop covering the basics — yet many parents assume it is frozen until the child grows up. It is not.

This guide explains when a family court can increase child maintenance, how the annual increase works, what evidence matters, and the steps to apply. This is general information, not advice for your particular case.

The father's duty does not end with the first decree

A father must maintain his minor children according to his means, whether or not they live with him — a son ordinarily until majority and a daughter until marriage. A decree does not create that duty; it only fixes its amount at a point in time. Because needs and incomes change, the amount is revisable, not permanent.

If the decree contains an annual increase, the amount grows under that clause and the task is usually calculation and execution. If it does not — or costs have jumped far beyond it — the parent caring for the children must go back to court and show why the old amount no longer suffices.

What section 17-A of the Family Courts Act provides

Section 17-A of the West Pakistan Family Courts Act, 1964 is the key provision: in a maintenance suit the court fixes interim maintenance on the defendant's first appearance, payable by the 14th of each month, and non-payment can lead to the defence being struck off.

At the decree stage, section 17-A(2) allows the court to fix an amount higher than the amount prayed for, due to the afflux of time or other relevant circumstances, and to prescribe the annual increase. A court is therefore not confined to the figure originally claimed.

Section 17-A(3), as substituted by the Punjab Family Courts (Amendment) Act, 2015, adds a default rule for Punjab: if the court does not prescribe the annual increase, maintenance automatically rises by 10% each year. The Lahore High Court has held that where a decree is silent on the method, the increase should be compounded — calculated on the merged amount each year — rather than only on the original figure.

One caution for readers in Karachi: the automatic 10% rule comes from the Punjab amendment and does not apply automatically in Sindh, where any increase must be written into the decree. Read your decree first — it decides your next step.

When an increase is justified

Courts increase maintenance where the evidence shows a genuine gap between the old figure and the children's present needs: the passage of time and inflation; higher schooling costs; a new medical need; the father's improved means, since the duty is measured by capacity; or changed family circumstances, such as the loss of other support. A vague complaint that money is tight does not help. Courts want figures: what the children need now, what they needed when the decree was made, and what the father can afford now.

Proving the father's means

Maintenance is fixed on the father's financial capacity, so most increase cases are really about income. A father who claims he earns very little should prove it with documents: salary slips, bank statements, tax returns, employment contracts, or business accounts. Living abroad does not by itself prove low income; the court looks at the work, the employment evidence, and what he actually earns. Where income is concealed, courts can estimate from lifestyle evidence.

How to apply: step by step

The exact form depends on your decree and province, so take advice on your papers before filing. In general:

  • Read your decree. Note the amount, its start date, any annual increase clause, and whether arrears reflect it.
  • Build the comparison. List the children's monthly costs now against those at the time of the decree, with receipts.
  • Collect income evidence showing the father's current means and any increase since the decree.
  • File in the family court for enhancement — or a fresh suit where required — and expressly ask for an annual increase in the new decree.
  • Seek interim maintenance at the first hearing, so the children are not left waiting while the case is decided.
  • Calculate arrears year by year, including any annual increase — errors here are costly.
  • Enforce firmly: attachment of salary, accounts or property — and, as the Lahore High Court confirmed in October 2026, even a pension account cannot shield a final maintenance decree for minor children.

Do not sign away the increase to end the marriage faster: parents cannot reduce or waive a minor child's maintenance even by mutual consent. And do not stop pursuing arrears while an increase application is pending — the old decree remains enforceable until it is varied.

Your practical checklist

  • Check your decree for an annual increase clause before assuming the amount is fixed.
  • In Punjab, remember the 10% default increase; in Sindh, ask for it expressly.
  • Document current costs with receipts, not estimates.
  • Prove the father's income; challenge unsupported low-income claims.
  • Ask for a higher figure for afflux of time and changed circumstances, plus an annual increase.
  • Seek interim maintenance at the first hearing; calculate arrears year by year.

Frequently asked questions

Can a maintenance amount fixed years ago be increased?

Yes, where time has passed or circumstances have changed. If your decree has no increase clause, you may need to apply for enhancement or file a fresh suit.

Does maintenance automatically rise by 10% every year?

In Punjab, under section 17-A(3) as amended, maintenance automatically rises by 10% each year if the court prescribed no increase. In Sindh there is no automatic increase — it must be written into the decree.

What evidence helps an increase application?

Fee receipts, medical bills and proof of the children's needs, plus evidence of the father's income — salary slips, bank statements, business or tax records, or lifestyle evidence where income is concealed.

Can parents agree to keep maintenance low in a settlement?

No. As the Lahore High Court confirmed on 3 October 2026, a child's maintenance is the child's own right and cannot be reduced or waived even by mutual consent.

Related guides

Need guidance on your situation? If the maintenance your children receive no longer covers their needs, we can review your decree, work out the correct figure including any annual increase, and help you apply for enhancement.

Common questions

Yes. A family court can fix a higher amount where time has passed or circumstances have changed, and it can prescribe an annual increase in the decree. If your decree has no increase clause, you may need to apply for enhancement or file a fresh suit, depending on your case.

Under section 17-A(3) of the Family Courts Act, 1964, as amended in Punjab, maintenance automatically rises by 10% each year if the court has not prescribed an increase. In Sindh there is no automatic increase, so the increase should be expressly written into the decree — always check what your own decree says.

School fee receipts, medical bills, rent and grocery costs, proof of the children's needs, and evidence of the father's income — salary slips, bank statements, business records, tax records, or lifestyle evidence where income is concealed. A bare claim of low income, without documents, carries little weight.

Parents cannot bargain away a child's maintenance. As the Lahore High Court confirmed on 3 October 2026, a child's maintenance is the child's own right and cannot be reduced or waived even by mutual consent, so a low figure in a compromise deed does not end the child's claim.

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