Ex-husband remarried, child maintenance

Does my ex-husband still have to pay maintenance after remarrying?

Yes. The duty to maintain a child of the marriage rests on the father, and this does not change because he remarries.^[1] His new family is an added responsibility, not a replacement for the earlier one.

Many mothers worry that news of a new marriage means their child will receive less. Know that the law does not see it that way, even though this worry is common and understandable.

Can he apply to have the amount reduced?

Your ex-husband can apply for a review if his financial situation changes meaningfully, and the court can order an amount it considers reasonable based on current circumstances.^[2] But this is a formal application, not a one-sided decision.

The court still weighs your child’s needs as a central part of this assessment. A new marriage alone, without evidence of an actual financial change, is usually not enough to reduce the amount.

What can actually affect the maintenance amount?

A genuine change in income, job loss, or a major shift in financial capacity can be grounds for review. This is entirely different from simply remarrying.

If your ex-husband claims he cannot afford it after remarrying without clear evidence, bring what you have, including observations about his lifestyle, to your Peguam Syarie.

What should I do if payments stop after he remarries?

If payments stop or reduce without a valid court order, you can claim arrears through the court. See our guide on maintenance arrears to understand how this process works.

Keep records of previous payments and any communication about this change, since this helps speed up follow-up action.

Does his new marriage affect custody or access?

A father’s new marriage does not by itself affect the existing hadhanah arrangement. Any change to custody or access needs to be discussed separately based on the child’s welfare.

If you are unsure how his changed circumstances affect the current arrangement, discuss it in detail with your Peguam Syarie before making assumptions.