Spousal and Child Maintenance Claims in Iran from Abroad
Family maintenance (nafaqeh) is legally distinct from mahr, custody and property division. Dadparvaran helps spouses and parents abroad assess entitlement, evidence, calculation, defence and enforcement under Iranian law.
Iranian family maintenance (nafaqeh) is not an exact equivalent of every form of common-law alimony or child support. Spousal maintenance, maintenance of children and maintenance between other qualifying relatives arise under different Civil Code provisions. The claimant, relationship, time period and type of expense must be identified before the amount or procedure can be assessed.
Article 1106 places spousal maintenance in a permanent marriage on the husband, while Article 1107 describes maintenance by reference to the wife's customary and appropriate needs. Entitlement can be affected by the marital status, lawful justification and other facts addressed in Articles 1108–1111. Mahr remains a separate financial right and should not be combined with maintenance in the analysis.
Article 1199 sets the statutory order for responsibility for children's maintenance, beginning with the father and then addressing other relatives in the circumstances stated by law. The child's actual needs, age, education, health and the responsible person's financial ability may require evidence and expert assessment. Custody and maintenance should be treated separately even when the same parents are involved.
A maintenance case may concern an initial order, arrears, future payments, enforcement or a defence based on changed facts. A separate criminal route may be relevant only where the statutory elements are met; it should not be used as a substitute for analysing civil entitlement and proof. Remote representation is possible in many cases, but testimony, financial evidence and service requirements remain case-specific.
Identify the exact maintenance claim
The file should state who claims support, from whom, for which period and under which family relationship. This prevents spousal, child and relative-maintenance rules from being mixed together.
- Spousal or child maintenance
- Current, past or future period
- Initial claim, variation, defence or enforcement
- Existing divorce, custody or maintenance order
- Iranian and foreign residence of each party
Spousal maintenance is distinct from mahr
Mahr arises from the marriage arrangement as a separate financial right. Maintenance concerns legally recognized living needs and may involve different entitlement, evidence, court findings and enforcement.
Child maintenance remains child-focused
The review should document the child's needs and the responsible person's ability rather than use the child-support dispute to relitigate custody grievances. Education, medical care and residence evidence may be material.
- Age and living arrangements
- Education and childcare expenses
- Medical and special needs
- Regular living costs
- Income and financial-capacity evidence
Orders and foreign documents require procedural review
A foreign support order should not be assumed to be directly enforceable in Iran. Recognition, evidentiary use, translation, authentication and the need for an Iranian claim depend on the order and applicable procedure.
How Dadparvaran structures the maintenance review
- Conflict and family-status check
- Claim period and legal-basis map
- Needs, income and defence evidence
- Civil claim, enforcement and any separate criminal assessment
- Remote authority and payment-reporting plan
Our Specialized Services
Documents useful for an initial review
A missing document is not a reason to wait — a short description and whatever records you have is enough to begin. Please send legible copies rather than originals.
Family and court records useful for an initial review
- Marriage, divorce and child birth records
- Custody, maintenance and related court orders
- Prior claims, payments and settlement documents
- Foreign orders and proof of finality where relevant
Financial and needs evidence useful for an initial review
- Housing, education, medical and childcare records
- Income, employment, asset and expense information lawfully available
- Bank records or receipts showing support paid
- A dated schedule of unpaid amounts claimed or disputed
A credible maintenance case separates legal entitlement from a documented calculation of actual support.
Send the family records, existing orders and payment schedule for an English-language claim, defence or enforcement assessment.
Submitting an enquiry does not create a lawyer-client relationship or guarantee any outcome. Whether a legal route is available, and which one fits, is determined after the documents and the position of the case have been reviewed.
Relevant legal framework
These sources are listed for orientation. Article numbers and wording should be checked against the official consolidated text before being relied on.
- Presidential Deputy for Legal Affairs, Iranian Civil Code, including Articles 1106–1111 on spousal maintenance and Articles 1195–1206 on maintenance of relatives and children, consolidated text reviewed 28 July 2026 — https://qavanin.ir/Law/TreeText/?IDS=12021850837713548188
- Presidential Deputy for Legal Affairs, Family Protection Act, including family-court jurisdiction and Article 53 on criminal non-payment where statutory elements are met, consolidated text reviewed 28 July 2026 — https://qavanin.ir/Law/TreeText/?IDS=5917848193987091276
- Presidential Deputy for Legal Affairs, Financial Judgments Enforcement Act, consolidated text reviewed 28 July 2026 — https://qavanin.ir/Law/TreeText/?IDS=4687546238878663724
- Judiciary of the Islamic Republic of Iran, Implementing Regulation for the Financial Judgments Enforcement Act, consolidated text reviewed 28 July 2026 — https://qavanin.ir/Law/TreeText/?IDS=4396424613001002960
Frequently Asked Questions
Answers to common questions in this specialty
Is maintenance the same as mahr?
Can past spousal maintenance be claimed?
Who is responsible for child maintenance?
Does having custody mean that parent alone must support the child?
Will Iran automatically enforce a foreign child-support order?
Can a maintenance case be handled from abroad?
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