Translated from Arabic.
Thank you for your question. The KSA Lawyers team would explain that maintenance of the children is an obligation on the father for as long as they need it, and it is not extinguished by divorce or by custody passing to the mother. This is regulated by the Personal Status Law issued in 1443H.
The court assesses maintenance according to the father's means and financial capacity and the children's circumstances and needs, taking into account their usual standard of living. Maintenance usually covers food, clothing, housing, medical treatment, education and whatever is reasonably needed. It therefore helps to submit proof of the father's income, such as a salary certificate or bank statements if possible, and proof of the children's expenses, such as school and medical invoices.
In practice, the steps to claim are as follows:
1. Try to reach an agreement amicably or through reconciliation services; the agreement can be documented so that it becomes an enforceable instrument.
2. If agreement is not possible, file a maintenance claim electronically through the Najiz platform before the Personal Status Court, attaching the documents.
3. You can request interim maintenance while the case is being heard if the need is urgent; this is at the court's discretion.
4. Once judgment is issued, submit an enforcement request through Najiz to the Enforcement Court.
If the father refuses to pay after judgment, the Enforcement Law gives the enforcement judge wide powers, including attaching bank accounts or deducting from salary, suspending certain government services, and imposing a travel ban; measures may extend to enforcement detention in cases of refusal, at the court's discretion. There is also the Alimony Fund, which may pay adjudicated maintenance in cases of default, subject to its conditions.
As for past amounts, claiming maintenance for the past period is possible in principle, but whether it is accepted and in what amount depends on the details of the case and what can be proved about the non-payment, so keep evidence of transfers or of their stopping.
The amount of maintenance or the outcome of the case cannot be predicted with certainty, as the assessment varies from case to case. We advise you to consult a lawyer who specialises in personal status cases to review your documents and determine the appropriate claims before filing.