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🌍 Children, inheritance & global · #114

My income is higher than my ex-husband's. Is he still obliged to pay child maintenance?

Yes; child maintenance (nafkah) remains the father's duty according to his means, even if the mother earns more. Allah says: “And the obligation of the father is to feed and clothe the mothers in a proper manner” (Surah al-Baqarah 2:233). The amount may be smaller because it follows the father's means, but the duty does not disappear. Your contribution as a mother remains valuable and rewarded, yet it does not erase the father's role. Receiving maintenance from him also keeps up his sense of responsibility and his bond with the children. Discuss a realistic amount and record it at the court. Read more on the child maintenance page.

Sources

Surah al-Baqarah 2:233
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Related questions

I have been paying all our child's expenses so far. Can I claim them back from my ex-husband?If there is already a maintenance order, arrears under that order can be claimed; if there is none yet, the position is more co…My ex-husband refuses to pay child maintenance unless I let him take the children overnight. Is he right?No; child maintenance and visitation rights are two separate matters, and neither may be held hostage for the other. Ch…The first wife's family wants to exclude me and my children from my late husband's estate. What should I do?If your marriage was valid and registered, you and your children are heirs whom no one can exclude. This right is fixed by Is…The house I live in with my children is still in my late husband's name. Does my co-wife also have a right to it?Yes, a house in the deceased’s name is part of his estate, so all the heirs, including your co-wife and her children, have a sh…My ex-husband has lost his job. Does his duty of child maintenance fall away?It does not fall away; the duty remains, but the amount may need to be adjusted for a while to his means. Allah say…I was divorced when my child was still a baby and I kept breastfeeding him. Am I entitled to payment for breastfeeding?Yes; after the waiting period (iddah) ends, a divorced mother who continues to breastfeed her child is entitled to ask the father…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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