Under Pakistani law the financial support of a child is the father's duty, and it does not disappear when a marriage breaks down. Whether the parents are divorced, separated or the father has simply stopped paying, the mother can go to the family court to have a monthly maintenance figure fixed and enforced. This guide sets out who is liable, how the court arrives at the number, how long it must be paid, and what to do when a father refuses. For a full walkthrough of the process, see our child custody and support service.
Who is liable to pay child maintenance
The primary obligation to maintain a child rests on the father, regardless of who has custody. This flows from Islamic law and is recognised across Pakistan's family statutes, including the Muslim Family Laws Ordinance 1961 and the West Pakistan Family Courts Act 1964. A mother with custody is not required to spend her own money on the child's upkeep - she can recover the cost from the father.
The duty continues even where the father is unemployed or claims to have no income; the court expects him to earn and provide. Only where the father is genuinely destitute or incapacitated may the burden shift to another earning relative, such as a grandfather. A recent Lahore High Court ruling has also confirmed that parents may claim maintenance from earning sons, but the everyday case remains a father maintaining his minor children.
How the court fixes the monthly amount
There is no rate card and no automatic percentage of salary. The family court exercises judicial discretion, balancing what the father can afford against what the child genuinely needs. The main factors a judge considers are:
| Factor | What the court looks at |
|---|---|
| Father's income | Salary slips, tax returns, bank statements, business income and any concealed or informal earnings |
| Father's assets | Property, vehicles, investments and overall financial standing |
| Standard of living | The lifestyle the child enjoyed while the family was together |
| Child's reasonable needs | Food, clothing, housing, school and tuition fees, books and medical care |
| Number of dependants | How many children and any other lawful financial obligations of the father |
| Mother's means | Considered for fairness, but does not remove the father's primary duty |
Practical tip: Fathers often understate their income. Come to court with documentary proof of the father's earnings and lifestyle - property records, car ownership, school fee receipts and screenshots of a comfortable lifestyle carry real weight when the judge fixes the figure.
How much is typically awarded
Because every award is tailored to the father's pocket, figures vary enormously. As a rough guide, family courts across Pakistan commonly fix monthly maintenance in the following bands, though your case may fall outside them entirely:
| Father's circumstances | Typical monthly award per child (PKR) |
|---|---|
| Low income / daily-wage earner | 5,000 - 10,000 |
| Salaried middle income | 10,000 - 20,000 |
| Comfortable / professional | 20,000 - 40,000 |
| Affluent / high net worth | 50,000 and above |
These are indicative ranges only and change with the city, the cost of living and the evidence led. The actual figure is entirely at the court's discretion, so treat any number here as a starting point rather than a promise - and take advice on what is realistic for your case.
Interim maintenance under Section 17A
A maintenance suit can take months to conclude, so the law provides for money to start flowing quickly. Under Section 17A of the Family Courts Act 1964 (strengthened in Punjab by the Punjab Family Courts (Amendment) Act 2015), the court fixes an interim monthly maintenance on the very first date the father appears. The father must pay it by the 14th of each month.
The teeth are in the penalty: if the father fails to pay the interim amount by the 14th, the court can strike off his defence and decree the suit against him on the basis of the mother's plaint and documents. This provision has transformed maintenance litigation - it stops fathers from dragging out cases while paying nothing.
How long maintenance must be paid
The father's obligation does not run indefinitely, and it differs for sons and daughters:
| Child | Maintenance continues until |
|---|---|
| Son | He reaches the age of majority (18) or becomes able to earn and support himself |
| Daughter | She is married, including reasonable marriage expenses |
| Divorced daughter | May continue to claim from her father, if she has no income, until she remarries |
| Disabled child | May continue beyond majority where the child cannot support themselves |
Annual increase: To protect against inflation, the Punjab Family Courts (Amendment) Act 2015 provides that where the court does not fix its own rate, the maintenance increases automatically by 10 percent every year. Always check whether your decree records the increase, as it saves returning to court each year.
Arrears and enforcing a maintenance order
A decree is only as good as its enforcement. If the father stops paying or refuses from the outset, the mother files execution proceedings in the same family court. The court has strong recovery powers:
- Salary attachment - the father's employer is directed to deduct the maintenance and pay it to the court or mother.
- Attachment and sale of property - movable and immovable assets can be seized and sold to clear arrears.
- Recovery as arrears of land revenue - unpaid maintenance can be recovered like a government due.
- Civil imprisonment - a wilfully defaulting father can be jailed until the arrears are paid.
Arrears accumulate from the date fixed in the decree, so delay in enforcing does not wipe out what is owed. Keep a clear record of every missed payment. If you are struggling to recover what the court has ordered, our team can file and pursue execution on your behalf - start with a consultation.
How to claim child maintenance
The route is straightforward, though the paperwork and evidence matter. In outline:
- File a maintenance suit in the family court where the mother and child reside.
- Attach the child's documents - birth or B-form, the parents' nikah nama, and any proof of the father's income and assets.
- Ask the court to fix interim maintenance under Section 17A at the first hearing.
- Lead evidence on the father's means and the child's needs; the father is served and files his defence.
- The court passes a final decree fixing the monthly amount, any arrears and the annual increase.
Maintenance is frequently claimed alongside custody, so it makes sense to deal with both together - see our guides to child custody and the welfare principle and, where relevant, khula procedure.
Frequently asked questions
How is child maintenance calculated in Pakistan?
There is no fixed formula. The court weighs the father's income, assets and lifestyle against the child's reasonable needs - food, clothing, schooling and medical care - and fixes a proportionate monthly amount that is fair to both sides.
Until what age must a father pay?
A son must be maintained until he reaches majority (18) or can support himself; a daughter until she is married. A divorced daughter with no income may continue to claim until she remarries.
What is interim maintenance under Section 17A?
The court fixes an interim monthly amount at the father's first appearance. If he fails to pay by the 14th of the month, his defence can be struck off and the suit decreed against him.
Does the amount increase every year?
Yes. Under the Punjab Family Courts (Amendment) Act 2015, if the court does not set its own rate the maintenance rises automatically by 10 percent each year.
What if the father refuses to pay?
File execution proceedings. The court can attach his salary, seize property, recover arrears as land revenue and order civil imprisonment for wilful default.
How much do courts usually award?
Commonly PKR 5,000 to PKR 30,000 per child per month, and more for affluent fathers. The figure depends on proven income and the child's needs, so it varies widely.