Enforcing arrears with BSK, step by step
You have a maintenance order, but nothing has actually been paid, and you want it enforced.
How do you actually enforce arrears with BSK?
Unpaid maintenance can be recovered as a civil debt, and once it is unpaid, the order can be enforced through the court.[1][2] BSK (Bahagian Sokongan Keluarga) supports this enforcement against a non-paying ex-husband, working alongside the court process.
This guide sets out the practical sequence. For the fuller picture of arrears themselves, see tunggakan nafkah.
What do you need before you start?
Enforcement moves faster with organised records. Gather these before approaching BSK or filing at the court.
- The original maintenance order, showing what was set and for whom.
- A record of every payment actually received, with dates and amounts.
- A calculation of the shortfall between what was ordered and what was paid.
What is the enforcement sequence?
- Confirm your existing maintenance order is valid and unchanged, since a varied order affects the arrears calculation.
- File or update your arrears claim at the Syariah Court that made the original order.
- Approach BSK with your records to support enforcement alongside the court process.
- The court reviews the shortfall and may call your ex-husband to respond.
- Once arrears are confirmed, enforcement action can proceed.
What can enforcement actually involve?
Enforcement follows the court process set out for unpaid maintenance orders, using the arrears confirmed from your records.[2] The exact steps depend on your case and your ex-husband’s circumstances.
BSK’s role is to support this process, particularly where your ex-husband is avoiding contact or payment.
What if he disputes how much he owes?
A dispute usually means the court reviews both sides’ records before confirming the arrears amount. This is where a clear, dated payment record on your side matters most.
If your ex-husband is not responding at all, rather than disputing the amount, our guide on what to do when an ex-husband ignores a court order covers that specific pattern.
How does this connect to other claims?
If the unpaid maintenance is for a child, this arrears process works the same way as it does for nafkah iddah or other orders. See nafkah anak for the underlying claim if you do not yet have an order in place.
What should you do next?
Start with your records, even if they are incomplete. A Peguam Syarie can help you fill gaps and decide whether to approach BSK, the court, or both together.
Tell us how much is owed and since when, and we will help you see the enforcement steps that fit your case.
Common questions
What exactly does BSK do that the court does not already do?
BSK (Bahagian Sokongan Keluarga) works alongside the court process to support enforcement against a non-paying ex-husband. It is a support avenue, not a replacement for filing your arrears claim first.
Can I approach BSK before I have a court order?
You need an existing maintenance order for arrears enforcement to apply, since BSK helps enforce what has already been ordered. If you do not have an order yet, a fresh maintenance claim comes first.
How long does enforcement usually take?
It depends on how far the arrears go back, how complete your records are, and whether your ex-husband disputes the amount. Clear records generally move faster than disputed ones.
What if he keeps avoiding enforcement action?
Keep records of each missed payment and any avoidance, and bring this to your Peguam Syarie or BSK promptly. A pattern of avoidance, well documented, supports stronger enforcement action.
If you have an order that is not being paid, tell us how much is owed and we will help you see the enforcement steps that apply.
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