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What Is Past-Due Maintenance in Jordanian Law and How Is It Collected?

How to claim past-due maintenance in Jordanian law: its nature as a debt, collection procedures, and limitation periods.

Based on official Jordanian law — Personal Status Law No. 15 of 2019
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  • Cites Personal Status Law No. 15 of 2019

Answer

Based on official Jordanian legal texts

In Jordan, if a husband fails to provide alimony to his wife, the legal system provides mechanisms to address this issue. According to Article 115 (المادة 115) of the Personal Status Law, if a husband does not pay alimony after a court has ordered him to do so, and he has assets that can be used to fulfill this obligation, the alimony can be enforced immediately against those assets.

If the husband does not have immediate assets, the court may grant a divorce if he claims financial incapacity and cannot prove otherwise. If he does prove his financial incapacity, the court may give him a period of one to three months to pay the alimony from the date the divorce claim was filed and to provide a guarantor for future alimony payments. If he fails to comply, the court can grant a divorce immediately.

For official legal advice and assistance, it is recommended to consult a qualified lawyer.

Frequently Asked Questions

How is the past-due amount determined?
If there is a prior court ruling, the amount equals the ruling multiplied by the number of months. Without a ruling, assessed by what was suitable in that period, and the court may consider inflation.
What if the obligated party claims inability to pay arrears?
If he proves inability, he is granted a one-to-three-month grace period. If not proven, enforcement continues. In full insolvency, future reduction may be considered, but past-due remains a debt.
What enforcement measures apply to the refuser?
Salary garnishment, attachment of movable and immovable property, travel ban, and detention as a last measure upon willful refusal with capacity.

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