🌍 Children, inheritance & global · #213

After remarrying, my ex-husband cut the child maintenance as he pleased, saying his commitments have grown. Can he do that?

No; the amount in a court order stays binding until the court itself changes it. A new marriage does add to a man's commitments, but maintenance for the children of an earlier marriage does not lapse because of it. The law allows a child maintenance order to be varied when circumstances change materially, but that decision is made by the Syariah court on an application, not by the father alone. Meanwhile, every ringgit left unpaid becomes arrears that can be claimed as a debt. Start a record today: the date, the amount due and the amount received. Then take a copy of the order to the Syariah court or the Family Support Division (BSK) in your state to ask about enforcement. See enforcing maintenance.

← PreviousWe are divorced but often argue about the children. How do we manage shared parenting well?Next →My ex-husband wants to take our child to stay overnight at his home with his new wife. I am uncomfortable. Should I refuse?

Related questions

My ex-husband is going to remarry. How do I prepare our children to accept this news?Let the children hear the news from their father if possible, and your role is to give their feelings a safe space. S…My late father left a plot of land by will to our young child. My ex-husband wants to sell it. Can he do that?Not as he pleases; the law limits a guardian’s power to sell land owned by a minor. The father is the primary guard…My husband is applying for polygamy. Can I ask the court to set our children’s maintenance in the same case?Yes; Act 303 gives the court power to order child maintenance when permitting polygamy. Section 73(1)(e) lets…My ex-husband is always late or irregular in paying child maintenance. Is there a way to make it more secure?Yes; the court can order child maintenance to be secured against property. When ordering child maintenance, the Syaria…My ex-husband has died with child maintenance in arrears. Can it be claimed from his estate?Arrears of court-ordered child maintenance are usually treated as a debt, and debts are paid from the estate before …Can I stop my ex-husband from seeing our children because he is late paying maintenance?A child’s right to see his father and the father’s duty to provide maintenance (nafkah) are two separate matters, and one …

This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer