Nafkah anak: getting maintenance for your child

What is nafkah anak?

Nafkah anak is the financial support a father owes his children, whether or not he is still married to their mother. It covers food, shelter, schooling, and healthcare.

It is a duty, not a favour the father chooses to extend. It continues after divorce for as long as the child qualifies for it.

Who must pay, and who can claim?

The duty to maintain the children of the marriage rests on the father.^[1] The mother, or whoever cares for the child day to day, can bring the claim on the child’s behalf.

This applies whether the father lives with the child, lives elsewhere, or has become hard to reach. His duty does not depend on where he lives or whether he agrees.

How is the amount decided?

There is no fixed formula or set figure. The court looks at the father’s actual means and the child’s real needs, and orders an amount and manner it considers reasonable.^[2]

If an amount offered seems too low to meet the child’s needs, that is something the court can reassess, rather than something a mother has to simply accept.

How do you get a court order?

1. File a maintenance application at the Syariah Court, alone or alongside a divorce case.
2. Set out the child’s expenses and the father’s known income and means.
3. Attend a Sulh session if one is scheduled, to try to reach agreement.
4. If there is no agreement, the court hears both sides and makes the order.

What happens if he stops paying?

Unpaid maintenance becomes arrears, and arrears can be recovered as a debt through the civil courts.^[3] This turns missed payments into something with a clear legal route, not just a private grievance.

Keeping records of what was due and what was actually paid strengthens an arrears claim considerably.

When does maintenance end, and can it continue longer?

Maintenance ordinarily stops when a child turns 18, but the court can extend it for a child still in full-time education, or a child with a disability.^[4] The claim does not simply disappear at that age in those situations.

How is a maintenance order enforced?

The court has powers to enforce a maintenance order, including through the Bahagian Sokongan Keluarga, the Family Support Division, which helps track down and recover unpaid maintenance.^[5] This exists precisely for fathers who ignore an order rather than dispute it properly.

How long does it take and how much does it cost?

Time and cost depend on whether the father cooperates, how easily his income can be shown, and your state. A straightforward, agreed application is usually faster than a contested or enforcement case.

Nafkah anak compared with nafkah iddah

Claim	Who it is for	What it covers
Nafkah anak	The children	Ongoing support until 18, or longer if extended
Nafkah iddah	The wife	Support during the iddah waiting period only

What should you prepare?

Bring evidence of the child’s actual costs and the father’s income, not just an estimate.

• School fees, medical bills, and everyday living costs.
• Any income information you have for the father, such as payslips or business records.
• A record of what has been paid so far, and what has not.
• Bank statements or messages showing missed or reduced payments.

Nafkah anak in your state

Each state’s Islamic family law enactment places the same duty on fathers, under its own section numbers and procedure.

Tell us your state, and we will help you understand where and how to bring your claim.