What to Do If the Husband Refuses to Pay Maintenance in Jordan?

If the husband or judgment debtor refuses to pay maintenance after a judgment or enforceable instrument has been issued, the proper legal route is to enforce the judgment before the Sharia Enforcement Department. Once enforcement is filed, the debt becomes subject to enforcement measures available under the law.

The Sharia Execution Law gives the enforcement judge several powers. Article 5 includes measures such as attachment of the debtor's assets, sale of attached assets, appointment of experts, detention of the debtor where legally permitted, and travel restriction unless a guarantor is provided. Article 13(d) deals specifically with maintenance and wage debts. It allows the creditor to request detention in maintenance and wage debts without proving the debtor's ability to pay if the enforceable instrument is filed for enforcement within three months from its issuance. If filed after that period, accumulated maintenance is subject to the general rules in that article.

This does not mean detention is always the only or first measure. Collection may also occur through settlement, attachment, salary-related measures, proof of payment, or other steps ordered by the enforcement judge depending on the file. The law also includes exceptions and situations where detention is not available or may be postponed.

Accordingly, when maintenance is not paid, the creditor should proceed through the Sharia Enforcement Department with a clear enforceable instrument and request the suitable enforcement measure based on the debtor's situation.

This is a general explanation based on the approved Jordanian legal sources and does not replace advice from a qualified lawyer in a specific dispute.