Tunggakan Nafkah: recovering unpaid maintenance
Your ex-husband stopped paying maintenance, and you want to recover what he owes you.
What is tunggakan nafkah?
Tunggakan nafkah is maintenance that was ordered by the court but has not been paid.[1]
It can build up from unpaid child maintenance, unpaid nafkah iddah, or any other maintenance order your ex-husband has ignored.
Once a payment is missed, it becomes arrears that you can pursue as a debt.
Who can claim arrears?
Anyone with an unpaid maintenance order can bring an arrears claim, whether it covers a child or a former wife.
Common situations include:
- Your ex-husband stopped paying after the order was made.
- He pays some months and skips others, leaving a growing shortfall.
- You have tried asking him directly, with no lasting result.
An arrears claim does not require you to prove new grounds. The original order already establishes what he owes.
What does the law say?
As a Federal Territories reference, section 77 allows unpaid maintenance to be recovered as a civil debt.[1]
Section 132 sets out how a maintenance order can be enforced through the court once it is unpaid.[2]
Each state has its own Islamic family law enactment, and the section numbers can differ, though the right to recover arrears is present across Malaysia.
What counts as arrears?
Arrears can come from several types of maintenance orders.
- Child maintenance that was ordered but not paid on time.
- Nafkah iddah that was ordered but left unpaid.
- Any other Syariah Court maintenance order your ex-husband has not honoured.
The unpaid amount is calculated from the order itself, based on what was due and what was actually paid.
How does enforcement work?
Once arrears are established, the court has ways to enforce payment.
BSK (Bahagian Sokongan Keluarga) is a government unit that helps enforce maintenance orders against a non-paying ex-husband.[2]
Enforcement can include recovering the debt through the court process set out for unpaid maintenance orders.
How do you start an arrears claim?
You will need the original maintenance order and a record of what has actually been paid.
- Prepare a record showing what was ordered against what was actually received.
- File the arrears claim at the Syariah Court that made the original order.
- The court reviews the shortfall and may call your ex-husband to respond.
- If the arrears are confirmed, the court can order enforcement.
BSK can be approached alongside this process to support enforcement.
How long does it take and how much does it cost?
The time and cost depend on how much is owed, how far back it goes, and whether your ex-husband disputes the amount.
A claim with clear records is usually quicker than one where the payment history is unclear.
Court fees and Peguam Syarie fees vary with complexity, so describing your situation to a Peguam Syarie is the most reliable way to get a sensible estimate.
What records should you keep?
Good records make an arrears claim easier to bring and easier to enforce.
- A copy of the original maintenance order.
- A record of every payment received, with dates and amounts.
- Messages or records where your ex-husband acknowledges the debt or explains a missed payment.
- Bank statements showing what was, and was not, received.
Keep this updated as you go, rather than trying to reconstruct it later.
Arrears compared with a fresh maintenance claim
An arrears claim is different from asking the court to set maintenance for the first time.
| Claim | What it addresses | Starting point |
|---|---|---|
| Tunggakan nafkah | Amounts already ordered but unpaid | The existing order and payment record |
| A fresh maintenance claim | Setting an amount where none exists yet | Your current needs and his means |
If you do not yet have an order, a fresh claim usually comes first.
Tunggakan nafkah in your state
Arrears claims are heard in every state, but the enactment, forms and court differ by where you live.
Tell us your state, and we will help you find the right court and the right way to bring your claim.
Common questions
Can I claim arrears even if the original order is old?
Yes, an old order does not stop you from claiming what is still unpaid. The claim is based on the shortfall between what was ordered and what was paid. A Peguam Syarie can help you work out the amount still owed.
What can BSK actually do?
BSK helps enforce maintenance orders against a non-paying ex-husband, working alongside the court process. It is a support avenue, not a replacement for filing your arrears claim. A Peguam Syarie can explain how BSK fits into your specific case.
What if my ex-husband says he cannot afford to pay?
The order remains valid until the court varies it. If his circumstances have genuinely changed, he needs to apply to the court himself, not simply stop paying. You can still pursue the arrears that built up before any variation.
Do I need a lawyer to claim arrears?
You can file the claim yourself, but organising payment records and presenting the shortfall clearly makes a real difference. A Peguam Syarie can help you prepare this so the court can act quickly.
If your ex-husband has stopped paying maintenance he was ordered to pay, an arrears claim is the way to recover it. Tell us how much is unpaid and we will help you see what to prepare.
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