What steps should be taken in case of non-payment of child support in Morocco?

The Code of Civil Procedure first allows for the appointment of a bailiff to seize wages or bank accounts. If this fails, Article 480 of the Penal Code authorizes the filing of a complaint with the Public Prosecutor for abandonment of family.

Until what age does the father have to pay child support for his children (daughter and son)?

Article 198 of the Moudawana establishes the obligation to attend religious services until the age of 18. For both sexes, this obligation extends to 25 years of age if they continue their studies. For girls, the obligation continues until their marriage or until they acquire their own financial resources.

How can I benefit from the Family Support Fund if my ex-spouse is insolvent?

Law No. 41-10 allows a divorced mother to apply to the president of the Family Court. She must prove the debtor's indigence (a report of default drawn up by a bailiff) to obtain a financial advance paid by the State via the CDG (Caisse de Dépôt et de Gestion).

What are the prison sentences for non-payment of Nafaqa in Morocco?

Article 480 of the Moroccan Penal Code punishes the offense of abandoning family with a prison sentence ranging from one month to one year, accompanied by a fine, when the unjustified delay in payment exceeds one month.

What is the minimum amount of alimony in Morocco?

Moroccan case law generally sets a minimum subsistence threshold (often around 300 to 400 MAD per child) even when the father is unemployed. However, no law dictates an absolute fixed amount; it falls under the judge's discretionary power.

What is the difference between Nafaqa, Hadana and Sakan?

Book III of the Moudawana distinguishes between Nafaqa (food, clothing, health, schooling), Hadana (remuneration paid to the mother for the physical care of the child) and Sakan (specific expenses intended to ensure decent housing for the child being cared for).

Pension Alimentaire (Nafaqa) au Maroc | Avocat Marocain

Alimony (Nafaqa) in Morocco

Q: How is Nafaqa calculated after a divorce in Morocco?

Article 189 of the Moudawana governs this calculation. The family judge bases their decision on the declared and proven income of the debtor parent, the actual needs of the children (or the ex-wife during the waiting period/Idda), and the current cost of living.

Q: What is the time limit for requesting a review of child support?

Article 190 of the Moudawana formally prohibits requesting an increase or decrease in Nafaqa before the expiry of a period of one year from the pronouncement of the judgment which fixed it, except in exceptional circumstances of the financial situation of the parties.

The determination of alimony (Nafaqa) in Morocco is a crucial step in divorce proceedings, particularly divorce due to discord (Chiqaq).

Rigorous legal representation before the Family Court is essential to obtain a fair calculation of child support in Morocco.

L'maintenance obligation (Nafaqa) in Morocco guarantees the preservation of the fundamental rights of the children and the applicant spouse.

Rigorous legal representation before the Family Court (in Safi, Marrakech, Casablanca or elsewhere) is essential to ensure its forced recovery or to initiate criminal proceedings in the event of non-payment of child support.

Services

What legal intervention in matters of Nafaqa covers

In accordance with Article 188 of the Moudawana, Nafaqa necessarily includes food, clothing, medical care, children's education and housing costs (Sakan).

Preparing the petition and pleading before the judge
Enforcement of the judgment and forced recovery
Disputes related to custody fees (Hadana) and requests for review

Example of a file

A father residing in Safi, ordered to pay an undervalued pension despite a significant increase in his commercial income, hires the firm.

The firm filed a request for an increase in Nafaqa based on new accounting evidence, resulting in a reassessment by the family judge.

Legal conditions and eligibility criteria for the pension

Article 189 of the Moudawana requires the court to assess the Nafaqa (maintenance obligation) by taking into account the income of the person obligated to provide it, the needs of the person entitled to it, and the current price level. The father's obligation to provide maintenance for his children is a matter of public policy that is not extinguished by divorce.

Article 198 of the Moudawana sets the time limits for this obligation. Children receive the allowance until they reach the legal age of majority (18 years). This period is automatically extended until the age of 25 if the child continues their studies.

For a daughter, the obligation to provide support continues until she has her own resources or marries. Children with disabilities have a right to support without age limit.

Procedure

Legal proceedings: stages and chronology of execution

The procedure for requesting, setting and enforcing child support is subject to strict formalities before the family court.

Filing of the originating application

Delay: Variable

Filing of the originating application with the registry of the Family Court.

CPC

Setting the date of the first conciliation hearing (if combined with Chiqaq).

Provisional pension order

Delivery time: Maximum 1 month

Order setting provisional child support. Enforceable on a provisional basis notwithstanding any appeal.

Art. 190 (Mudawana)

Final judgment establishing the Nafaqa

Delay: Variable

Final judgment setting the amount of Nafaqa, Sakan and Hadana.

Art. 189 (Mudawana)

The judge bases his decision on the income evidence provided by the parties.

Enforcement in case of refusal

Deadline: Immediate

Enforcement in case of refusal (wage garnishment or execution seizure).

CPC

Requires prior notification of the judgment to the opposing party.

Complaint for family abandonment

Delivery time: After a 1-month delay

Filing a complaint for the crime of family abandonment with the King's Prosecutor.

Article 480 (Penal Code)

Triggers criminal proceedings against the defaulting debtor.

Documents to prepare

Building a strong case relies on presenting irrefutable financial evidence to inform the judge's decision.

Copy of the National Identity Card (CNIE) or residence permit.
Marriage certificate (or divorce certificate if the Chiqaq procedure has already been completed).
Birth certificates of the children proving parentage.
Proof of income of the applicant and the defendant (pay slips, tax returns, bank statements).
Supporting documents for expenses (lease agreement, tuition fees, medical bills).
For Moroccans residing abroad (MRE): consular power of attorney, foreign documents translated by a sworn translator and legalized (or apostilled).

Costs and fees

A family law attorney's fees in Morocco are not subject to a fixed scale and depend on the specific circumstances of each case. The procedural budget includes the firm's fees as well as court costs (court fees, bailiff's fees).

The overall cost is influenced by the complexity of the case, particularly in cases involving concealed assets, the need for financial investigations, or the initiation of cross-border enforcement proceedings. Procedures involving Moroccans residing abroad (MREs) often require additional steps (translations, legalizations, enforcement proceedings). The final budget is established transparently during the consultation process.

Vigilance

Legal deadlines and procedural points to consider

Failure to comply with legal formalities may result in the rejection of the application or the inability to execute the court decision.

Request a review of Nafaqa a few months after the judgment.

Consequence
The court rejected the request outright.

Recommendation
The legal deadline of one year (Art. 190) must be respected before any new request, except in proven exceptional circumstances.

Failing to formally request accommodation fees (Sakan).

Consequence
The judge only rules on strict Nafaqa (food/clothing).

Recommendation
Distinguish and explicitly state the demands of Nafaqa, Hadana and Sakan in the petition.

Stop paying the allowance as soon as the student child turns 18.

Consequence
Risk of criminal charges for the crime of family abandonment.

Recommendation
Continue the payment until the child is 25 years old if they can provide proof of continuing their studies.

To believe that an unemployed father is completely exempt from child support.

Consequence
Accumulation of arrears and risk of imprisonment.

Recommendation
Prove indigence in court; the judge will set a non-negotiable minimum legal amount.

File a complaint for family abandonment after 2 weeks.

Consequence
Case dismissed by the Public Prosecutor.

Recommendation
Wait for the strict legal period of one month of continuous non-payment before initiating legal action.

Special for Moroccans Residing Abroad / Foreigners

Managing alimony payments in Morocco for members of the Moroccan diaspora (MREs) requires a thorough understanding of bilateral agreements and conflict of laws rules. Enforcing a Moroccan Nafaqa judgment abroad necessitates an Exequatur procedure in the debtor's country of residence.

Conversely, foreign judgments establishing alimony must be recognized by the Moroccan Family Court. The procedure is carried out entirely remotely via a special power of attorney.

Early legal consultation

Seeking legal advice at the very beginning of a marital conflict allows for the structuring of an effective litigation strategy and avoids procedural flaws that lengthen the process.

A preliminary analysis of the spouse's assets, an assessment of the amounts claimable, and the preparation of supporting documents prevent the imposition of a derisory Nafaqa (supplementary allowance). For the diaspora and Moroccans residing abroad, this support is provided entirely remotely via videoconference or WhatsApp.

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FAQ

Frequently Asked Questions

How is Nafaqa calculated after a divorce in Morocco?

What steps should be taken if the pension is not paid?

Until what age must the father pay child support?

What is the time limit for requesting a review of child support?

How to benefit from the Family Support Fund?