Divorce often comes with significant costs, especially if children are involved. If the National Council’s proposed child support amendments to the Marriage Bill are adopted, the non-custodial parent will be required to pay a maximum of 40 per cent of their net income, regardless of whether they have more than two children. The National Council discussed these amendments to the Marriage Bill 2024 yesterday.
The amendment proposes two new sections: the first caps child support at 40 per cent of net income, regardless of the number of children, while the second calculates child support for subsequent marriages and divorces at 40 per cent of the remaining net income after existing obligations are deducted.
The National Council’s Natural Resources and Environment Committee said that the sections were proposed to address inconsistencies in deduction practices across different courts.
The committee added that the recommendation aims to discourage divorces in the country.
“For instance, if a person marries me even after knowing that I have a 40 per cent deduction from the previous marriage or if my wife leaves me for another person, then like it or not, you are entitled to 40 per cent of my net income,” said Kezang Lhendup, Dy. Chairperson, Natural Resources Environment Committee.
However, some members of the House argued that allocating 40 per cent of the remaining net income as child support for subsequent marriages is not in the best interest of the child, as the amount will decrease with each successive marriage.
“We should consider the child’s education after divorce, for instance their nutrition, clothes, extracurricular activities, and their development. After divorce, every child should get equal rights,” said Tshering Tshomo, Zhemgang MP.
“What if I run out of money, does this mean I am not supposed to pay child support?” questioned Ugyen Tshering, an Eminent Member of the National Council.
A few members also recommended that the House increase child support based on the number of children rather than capping it at 40 per cent.
Additionally, members pointed out several flaws in the proposed section.
“When we look at the sections, it only considers the rights of the child. However, it is one of the spouses who is paying the child support, so what about their rights?” questioned Pema Tashi, Sarpang MP.
The House also discussed the compensation an individual must pay if found guilty of engaging in an extramarital affair, along with other recommendations.
The Natural Resources and Environment Committee will review and present the suggestions for final deliberation and adoption next month.
According to the Bhutan Living Standards Survey 2022, nearly 16,500 individuals in Bhutan are divorced.
Singye Dema
Edited by Sherub Dorji
