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🌍 Children, inheritance & global · #192

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 it is divided. Gather the court order, records of payments received and a calculation of the outstanding balance. Notify the deceased's family or the estate administrator of the claim in writing as soon as possible, before the property is divided. Your children are also heirs of their father, so they will receive their own faraid shares, separate from this claim for arrears. Avoid quarrelling with the widow or the deceased's new family; they too may be shocked by this debt. Get advice at the Syariah Court on the best way to put forward the claim. See enforcing maintenance.
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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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