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🌍 Children, inheritance & global · #219

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 Syariah court may direct the father to hand part of his property to trustees, with the maintenance paid from the income of that property. Failing to comply with that direction can be punished as contempt of court. This suits a father who has income-producing property, such as a rented house. If he relies only on a salary, ask about other enforcement methods and help from the Family Support Division (BSK). Start with a complete record of monthly payments, because the pattern of late payment is your strongest evidence. Ask the Syariah court whether an application for security suits your case. See enforcing maintenance.
← PreviousI have been laid off and now have no salary. What should I do about the monthly payments for my children ordered by the court?

Related questions

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…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:…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 …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…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 m…My ex-husband says he cannot afford child maintenance because he now has a new family. Is that a valid excuse?A new family does not cancel his responsibility towards the children of his earlier marriage. Each of his children is enti…
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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