Child Maintenance Case in Pakistan — The Father Pays, Custody or Not
Children's maintenance is the father's legal obligation regardless of divorce, khula, or custody. The Family Court fixes a monthly amount on the father's means and the children's needs — commonly with an annual increase built into the decree — and past maintenance is claimable for years of neglect. Decrees are enforced by attachment of salary and assets, including against fathers living abroad. Interim maintenance is typically fixed at the early hearings.
- Attorney of the High Court
- Lahore Bar No. 7712-A
- Interim Orders Early Hearings
- Overseas Fathers Pursued
What the Decree Covers
- Monthly maintenance per child, on the father's means — salary, business income, property and lifestyle evidence;
- Annual increase — commonly around 10% per year, written into the decree so it grows without new cases;
- Past maintenance — for prior neglected periods, within limitation;
- Education and medical — school fees and medical needs weigh in quantum, with records as evidence;
- Duration — sons generally to majority/self-support, daughters to marriage; disabled children as circumstances require.
Family Courts Act 1964 — maintenance jurisdiction, interim powers, enforcement; Muslim Family Laws Ordinance 1961, s.9; Guardians and Wards Act 1890 — where filed with custody proceedings. Settled principle: custody with the mother never extinguishes the father's liability.
How We Build the Quantum Case
- Needs schedule. School fees, uniforms, transport, food, medical — documented per child.
- Means evidence. The father's employment, businesses, properties, vehicles and visible lifestyle — courts see through pleaded poverty.
- Interim first. A monthly amount fixed early keeps the children supported while the case proceeds.
- Combined claims. Filed with wife's maintenance, dower and custody where applicable — one suit, one strategy.
- Execution. Salary attachment, asset attachment and coercive process for defaulters; Pakistani assets and remittances for fathers abroad.
Frequently Asked Questions
Who pays for the children after divorce?
Until what age is maintenance payable?
Does the amount increase over time?
He paid nothing for years — recoverable?
The father is abroad.
Your Children's Right — Enforced, Not Requested
Free confidential consultation; interim maintenance pursued from the first hearings.
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Content reviewed by Abdur Rehman Sandhu, Attorney of the High Court. Last reviewed: July 2026. General information, not legal advice.