After a divorce, the child usually lives with one parent. The question that most often causes conflict afterwards is not who has custody, but who pays: who covers the child’s school fees, food, and health care. Many people in Purbalingga come to us not because they do not understand the rule, but because the money promised for the child stopped arriving months after the court decision.
This article settles two things. First, the legal duty: who must pay nafkah anak (child support) and on what legal basis. Second — the part rarely explained in full — how to collect it when the person who owes it ignores the putusan (the court’s decision). Here, nafkah (maintenance) means the cost of a child’s upbringing and education until the child is grown and self-supporting.
Divorce Ends the Marriage, Not the Duty to the Child
Divorce ends the marital bond between husband and wife, but it never severs the relationship between parent and child. The basis is Pasal 41 (Article 41) of UU No. 1 Tahun 1974 (the 1974 Marriage Law), which states several things at once:
- Both the mother and the father remain obliged to care for and educate the child, solely in the child’s best interest. If the parents dispute custody, the court decides.
- The father is responsible for all the costs of the child’s upbringing and education.
- If in reality the father cannot bear those costs, the court may order the mother to share them.
- The court may also order the former husband to provide living costs for the former wife.
So the cost of the child rests on the father first — not because he is the guilty party, but because the law places it there — whoever filed for divorce and whoever has custody.
The Child’s Right Is Reinforced by the Child Protection Law
This duty is not only a matter of marriage law. UU No. 35 Tahun 2014 (the 2014 amendment to UU No. 23 Tahun 2002 on Child Protection) states that parents must nurture, raise, care for, and protect the child, and that duty does not end when the parents separate. In other words, child support is the child’s right, not merely an agreement between former spouses that one side can cancel. That matters at the collection stage: what is enforced is the child’s right, and the law gives a way to compel it.
How Much Must Be Paid?
No law fixes a rupiah figure or a percentage. The amount of nafkah anak is decided case by case by the court, weighing the child’s real needs against the father’s actual means. Be wary of figures circulated outside the courtroom; there is no set formula. To estimate a reasonable amount for your situation, use the contact channel at the end of this article.
Put the Support Into the Pengadilan Agama’s Decision
This is where many people slip. For the support duty to be enforceable later, it must be written into the court’s decision, not left as a verbal promise at separation. For Muslim couples, divorce is heard at the Pengadilan Agama (Religious Court) — its authority is set by Pasal 49 UU No. 3 Tahun 2006 (the 2006 Religious Courts Law), which gives it jurisdiction over marriage matters for Muslims.
A few terms worth knowing:
- Putusan — the judge’s decision on the case; this is where the amount of child support is recorded if it is requested.
- Akta cerai — the official divorce certificate issued after the decision.
- Inkracht — a decision that is final and binding (no further appeal); only an inkracht decision can be enforced.
Ask for the child-support claim to be included in the lawsuit from the start, so it enters the operative part of the decision. If support was not requested at the time of the divorce, it can still be pursued later through a separate suit.
When the Father Stops Paying: Enforcement
Having a decision that names the support does not automatically make the money flow. As long as the decision is already inkracht and condemnatory (ordering someone to act), the parent with custody can file a permohonan eksekusi (request for enforcement) at the Pengadilan Agama that decided the case. The mechanism follows the ordinary chain for enforcing a civil judgment:
- Aanmaning — the court summons the losing party to comply voluntarily within a set period.
- Sita eksekusi (execution seizure) — if the warning is ignored, the court seizes the paying party’s assets.
- Lelang (public auction) — the seized assets can be sold, and the proceeds go toward the unpaid support.
For a fuller explanation of aanmaning, seizure, and auction, see our article on collecting what you are owed through the courts. This route is available only when the support is written into a decision that is already inkracht.
Practical Steps in Purbalingga
- Include the child-support claim from the start at the Pengadilan Agama Purbalingga, so the amount appears in the operative part of the decision, not only in an out-of-court agreement.
- Keep every payment record — transfer slips, dates, and amounts — because this proves when the arrears began and how large they are.
- If payments stop and the decision is inkracht, file a request for enforcement at the same court that decided your case.
- Attend the aanmaning when the court summons the parties to confirm the duty.
- Consult an advocate to prepare the file and calculate the arrears before filing.
For an overview of the divorce process, see our guide on divorce law in Indonesia.
Conclusion
Divorce ends the bond between husband and wife, but the duty to the child continues. Pasal 41 UU No. 1 Tahun 1974 places the cost of a child’s upbringing and education on the father first, and UU No. 35 Tahun 2014 confirms that support is the child’s protected right. The key to collecting it lies not in a promise, but in a written decision that is already inkracht and ready to be enforced.
If you are in Purbalingga, Banjarnegara, Purwokerto, Banyumas, or Cilacap and are pursuing child support — whether to have it written into the decision or because payments have stopped and enforcement is needed — Advokat Luthfi is ready to assist you, from drafting the claim to filing for enforcement at the Pengadilan Agama. Your first consultation is free.