The provisions governing Child Maintenance in Bahrain regulate the child’s right to maintenance, the party responsible for providing it, the period during which this obligation continues, and the circumstances in which maintenance may stop or resume.
This article focuses on child maintenance as a financial right. We explain when a son or daughter is entitled to maintenance, when it continues or ends, and the factors considered when determining its amount under the Bahraini Family Law.
Other rights arising for children due to the separation of parents, such as custody, visitation, and related matters, fall outside the scope of this article and are addressed separately.
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If you prefer to continue reading first, you can learn how the judge determines maintenance and what it includes.
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Child Maintenance in Bahrain
Maintenance is a right granted to the person entitled to receive it. It includes food, clothing, housing, and related expenses such as medical treatment, services, and other necessities determined according to customary practices. When assessing maintenance, the financial circumstances of both the person responsible for paying and the person entitled to receive it are considered, along with the conditions of time, place, and social customs.
Regarding children’s maintenance, Article (62) of the Bahraini Family Law regulates the circumstances in which maintenance becomes due. The most important cases include:
- A minor child who has no financial resources is entitled to maintenance from their father until the daughter marries and until the son reaches the age or condition where persons of similar circumstances are normally able to earn a living.
- Maintenance for an adult child continues if they are unable to work due to a disability or another reason, provided they do not have sufficient funds to support themselves.
- A daughter’s maintenance returns to her financially capable father or the person responsible for her maintenance if she is divorced or her husband dies, unless she has sufficient personal funds.
- If a child has some money but it is insufficient to cover their maintenance, the father remains responsible for completing the required amount.
- A child’s maintenance becomes the responsibility of the financially capable mother if the father or paternal grandfather is absent or unable to provide maintenance.
Child Maintenance After Divorce or Separation
Divorce itself does not result in the termination of child maintenance. After divorce or separation, the children’s needs and the financial ability of the person responsible for maintenance remain among the factors affecting the determination of the financial obligation, while applying the general rules established by law for assessing maintenance.
A dispute may arise even after the judgment has been issued, whether regarding the amount of maintenance or the basis on which it was determined. In such cases, an appeal against a minor child maintenance judgment is connected to the existence of legal grounds that justify objecting to and challenging the judgment according to the applicable procedures.
The scope of Child Maintenance in Bahrain discussed here is limited to the children’s financial rights and does not extend to other matters arising from parental separation, such as custody and visitation.
This article addresses maintenance as a financial right for children. Those who wish to understand the broader aspects of custody, visitation, and other consequences related to children after parental separation can refer to the article Children’s Rights After Divorce in Bahrain.
What Happens When There Is a Dispute Regarding Child Maintenance in Bahrain?
A dispute may concern the basic entitlement to maintenance, its amount, its continuation, or a claim that the circumstances on which the previous judgment was based have changed. The appropriate legal procedure differs depending on the nature of the dispute and the stage reached by the case.
In cases that require reviewing documents or determining the appropriate legal procedure, a maintenance case lawyer can assist in evaluating the facts and identifying suitable legal options according to the circumstances of each case.
FAQ About Child Maintenance Under Bahraini Law
The most common questions include:
When Does Child Maintenance End in Bahrain?
For a young child who has no money of their own, maintenance remains the father’s responsibility until the daughter gets married and until the son reaches the age at which people of similar circumstances are able to earn a living. Maintenance for an adult child may continue if they are unable to work and do not have sufficient funds to support themselves.
What Is the Amount of Child Maintenance?
The end of a son’s maintenance is not linked to a specific age stated in the law. Instead, it depends on whether he has reached the stage where people of similar circumstances are able to earn a living. If he is an adult but unable to work due to a disability or another reason, his maintenance may continue to be the father’s responsibility if he does not have sufficient funds.
Is an Adult Daughter Entitled to Maintenance?
Maintenance for a daughter who has no money continues until she gets married. If she is later divorced or her husband dies, her maintenance may return to her financially capable father or another person who is legally responsible for her maintenance if she has no money to support herself.
How Is Child Maintenance Calculated?
The daughter reaching adulthood alone does not mean that her maintenance ends. Under the Family Law, the daughter’s maintenance is linked to her marriage, while taking into account whether she has her own money to support herself and other cases regulated by law.
What Is the Amount of Child Maintenance?
The Family Law does not set a fixed amount of maintenance for all children. Instead, the amount is determined based on the financial circumstances of the person responsible for paying maintenance, the circumstances of the person entitled to it, as well as the time, place, and prevailing customs. After divorce or separation, the children’s basic needs, sufficient support, and the payer’s financial ability are also considered.
How Is Child Maintenance Determined?
The assessment of maintenance varies depending on the circumstances of each case, so no fixed amount can be applied to all families. The determination is made according to legal criteria related to the needs of the person entitled to maintenance and the financial capacity of the person responsible for paying it. For children after divorce or separation, their basic needs, sufficient support, and the payer’s financial ability are taken into consideration.
Child Maintenance in Bahrain is related to the child’s entitlement to maintenance, the party responsible for providing it, the period during which it continues, the circumstances in which it may stop or resume, and the rules considered when determining its amount.
Therefore, a distinction must be made between child maintenance as a financial right governed by specific provisions and the other rights of children after divorce, which include separate legal issues.
Read also: Divorce Petition for Non-Muslims in Bahrain: Sample.
A Bahraini lawyer and the founder of a legal consultancy firm established in February 2019. He holds a Higher Degree in Sharia and Law from Al-Azhar University. He has extensive experience in court representation and providing legal advice in criminal, personal status, civil, and commercial matters. He is known for delivering clear, practical, and effective legal advice aimed at protecting his clients’ rights and interests, and has achieved tangible results in notable cases, including commercial litigation and inheritance matters
