Child support is a vital aspect of family law that ensures a child’s right to financial care and support from both parents, even if they are no longer living together. In Pakistan, child support is grounded not only in legal statutes but also in moral, religious, and social values. When parents separate or divorce, the welfare of the child becomes the most important concern—and child support plays a central role in safeguarding that welfare.

This article provides a comprehensive guide on how child support works in Pakistan, including the legal framework, responsibilities of each parent, common challenges, and the process of claiming or providing support.

Child support refers to the financial contribution made by one parent—usually the non-custodial parent—for the upbringing and care of their child. This support is intended to cover basic needs such as:

Food and nutrition

Clothing

Education

Healthcare and medical needs

Shelter and living expenses

Transportation and other essential costs

In most cases in Pakistan, the father is required to provide child support if the mother has custody. However, both parents are considered responsible for the child's well-being, even after divorce or separation.

Legal Basis for Child Support in Pakistan Child support in Pakistan is governed by a mix of Islamic principles, civil law, and family court rulings. The key legal instruments and concepts include:

1. Islamic Law (Shariah) According to Islamic teachings, the father is financially responsible for his children. This responsibility includes providing nafaqah (maintenance), which encompasses food, clothing, shelter, and education. Under Islamic law:

The father must provide for his children until they reach puberty (for boys) or until they are married (for girls).

A father cannot escape his duty to support his children even if he is divorced from the mother.

2. Guardian and Wards Act, 1890 This act governs custody (hizanat) and guardianship (wilayat) matters in Pakistan. While it focuses more on custody and visitation rights, child support decisions often occur in parallel with custody proceedings.

3. Family Courts Act, 1964 The Family Courts in Pakistan are responsible for handling cases related to child maintenance. A custodial parent can file a suit for maintenance in the Family Court, and the judge can determine the appropriate monthly amount based on the income and living standard of the non-custodial parent.

Who Pays Child Support? In Pakistan, the father is generally obligated to provide financial support to the child, even if he is not the custodial parent. This is rooted both in Islamic principles and in legal practices. However, in rare situations where the mother is earning more or the father is unable to work due to health or disability, courts may make different arrangements.

It's also worth noting that stepfathers or other guardians are not legally bound to support children unless they have adopted them formally.

How Is Child Support Calculated? There is no fixed formula for calculating child support in Pakistan, unlike in some Western countries. Instead, the courts consider a variety of factors, such as:

The father’s monthly income and assets

The child’s age and specific needs (school fees, medical care, etc.)

The standard of living the child was accustomed to before the separation

Inflation and changes in living expenses

Based on these factors, the Family Court may order the father to pay a fixed monthly amount. This amount can be revised periodically upon request, especially if the child’s needs or the father’s financial situation changes.

How to Claim Child Support in Pakistan If the custodial parent is not receiving adequate financial support, they can take the following steps:

Consult a Family Lawyer It’s advisable to work with a lawyer who specializes in family law to file the case properly and gather the required documentation.

File a Suit for Maintenance in the Family Court The case should be filed in the Family Court of the district where the child resides.

Provide Evidence Submit documents showing the father's income (if available), the child's expenses (e.g., school receipts, medical bills), and evidence of prior financial support or neglect.

Court Proceedings and Decision After reviewing the evidence, the court will determine the appropriate child support amount. If the father fails to comply, the court can take enforcement actions, including wage garnishment or even arrest warrants in extreme cases.

Challenges in the Pakistani Context While the legal system offers avenues for child support, there are several challenges that custodial parents—often mothers—face in Pakistan:

Lack of financial transparency: Many fathers do not disclose accurate income, making it difficult to assess fair support.

Delays in legal proceedings: Family courts can be slow due to backlog and procedural inefficiencies.

Social pressure and stigma: Women seeking child support may face criticism or pressure to "move on" without financial help.

Enforcement issues: Even with a court order, some fathers do not comply, and enforcement mechanisms can be weak or slow.

What Happens if a Father Doesn’t Pay? If a father refuses to pay child support despite a court order, several legal actions can be taken:

Contempt of court: The custodial parent can file a contempt case.

Arrest warrants: The court may issue a warrant for non-payment.

Salary attachment: If the father is a salaried employee, the court can order salary deductions.

Property seizure: In extreme cases, movable and immovable assets may be seized to recover dues.

Importance of Child Support for Society Child support is more than just a financial obligation—it’s about ensuring that a child has the opportunity to grow in a stable, nurturing environment. When properly enforced, child support:

Reduces the economic burden on single mothers

Helps children access quality education and healthcare

Promotes responsible parenting

Contributes to long-term social and emotional development of the child

In a country like Pakistan, where family structures are evolving and divorce rates are gradually increasing, child support must be prioritized and normalized.