Spousal and Child Maintenance Claims in Iran from Abroad

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.