Answer
Based on official Jordanian legal texts
Child support under Jordanian law is independent from custody. The fact that the child is in the custody of the mother or another custodian does not cancel the child’s right to support, and it does not transfer the financial obligation away from the father if the child has no sufficient property. Custody concerns daily care, while support concerns the child’s essential needs.
Article 187 of the Jordanian Personal Status Law provides that if the child has no property, the child’s support is owed by the father alone, unless the father is poor and unable to provide support or earn due to a physical or mental condition. Article 188 addresses cases where the father is absent, support cannot be collected from him, or he is poor with limited earning ability. In such cases, the person who would be responsible in the father’s absence may be required to pay, and the amount becomes a debt against the father recoverable when he returns or becomes able to pay.
Article 189 states that child support is assessed according to the father’s financial situation, whether ease or hardship, but it must not fall below the minimum level of sufficiency. Depending on the case, the child’s needs may include food, clothing, housing, education, and medical care as assessed by the court.
Therefore, custody and child support should not be confused. The mother may hold custody, but the child’s support remains the child’s right against the father under the law. The custodian may claim support for the benefit of the child according to the applicable rules.
