Child maintenance and custody after a separation in Tunisia

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Topic: Family law

Parents' duty to support their children, custody decided in the child's interest, visiting rights, and what to do when court-ordered maintenance goes unpaid.

When a couple separates, their duties towards their children do not end. Tunisia's Personal Status Code deals with maintenance (nafaqa) and custody (hadhana) with one aim in mind: protecting the child and keeping their life stable. Maintenance for the children Maintenance covers what a child needs day to day: food, clothing, housing, schooling, healthcare and, more broadly, what is considered necessary by ordinary standards. As a rule the father owes it, and that duty continues after divorce. If the father cannot pay, the mother is called on before the grandfather to support her children. The judge sets the amount according to the child's needs, the paying parent's means and the cost of living. Maintenance is due until the child comes of age and, beyond that, until the end of their studies as long as they are not over twenty-five. A daughter remains entitled as long as she has no income of her own and is not supported by a husband, and a disabled child who cannot earn a living remains entitled whatever their age. The amount can be reviewed, up or down, if circumstances change. What about the former spouse? During the marriage, the husband must support his wife. After a divorce, he still owes it during the waiting period (idda), and then the duty ends. In some types of divorce, however, the court rules on compensation for material and moral harm: for the former wife, material harm is compensated by an annuity paid monthly after the waiting period, based on the standard of living she was used to during the marriage, housing included. The annuity can be revised, and it ends in particular if she dies, remarries or no longer needs it. Whether it applies depends on the type of divorce and on each person's situation, so it is worth going through with a lawyer. Custody: the child's interest comes first Custody means looking after the child day to day: where they live, their upbringing, their health. On divorce, custody is given to one parent or, exceptionally, to someone else, and the deciding factor is always the child's interest. The judge looks at the child's age, their stability and each parent's ability to provide a healthy environment. Custody is different from guardianship (wilaya), which covers the child's legal and administrative affairs. However, when custody is given to the mother, she has the guardian's powers over the child's travel, studies and financial accounts. The other parent has visiting rights, and the judge sets how and when they are exercised if the parents cannot agree. Moving house with the child or travelling abroad often leads to disputes. It is better to put these questions to the judge or settle them in a clear written agreement. How the family judge handles it While the divorce case is pending, the family judge orders interim measures on maintenance, custody and visiting rights; the divorce judgment then settles them. Outside a divorce, a claim for maintenance, or to change its amount, is generally brought before the cantonal court, either where the claimant lives or where the other parent lives. A lawyer is not compulsory, and legal aid is available in maintenance cases. Be ready to show both parties' income and the child's needs: school fees, medical costs, payslips. If maintenance is not paid A judgment ordering maintenance can be enforced, and an appeal does not suspend it. If the other parent does not pay, several options exist: Enforcement through a bailiff (huissier de justice): the judgment is served on the debtor, who is ordered to pay, and it can be enforced against their assets. Seizure of wages: if the debtor is an employee or a civil servant, you can ask the cantonal court to seize their salary, so the maintenance is deducted directly. Criminal proceedings: a person ordered to pay maintenance or a divorce annuity who deliberately goes a month without paying commits an offence, and the person owed can file a complaint with the public prosecutor. Paying stops the prosecution, the trial or the sentence. The guarantee fund for maintenance and divorce annuities: under the conditions set by the law that created it, it pays maintenance or an annuity awarded by a final judgment to divorced women and their children when the debtor stalls, then recovers the money from the debtor. Keep a copy of the judgment and any proof of non-payment: every later step relies on them. When to see a lawyer It is wise to see a lawyer before starting proceedings, or as soon as you receive a judgment that does not fit your situation, because appeals must be filed within deadlines. A lawyer can help you assess a reasonable amount, prepare the custody file and pick the most effective way to enforce. The site's directory lists lawyers registered with the ONAT, by city. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026