Is the Husband Bound to Pay for the Children's Expenses After Khula?

Question: A lady's query came in — my husband is a live-in son-in-law and lives in his in-laws' house. She took khula — is he bound, after khula, to pay for the children's expenses?

Solution: I have said this countless times, in my videos, in lectures, and on calls too — the children's relationship is directly with the father. Whether husband and wife live together as husband and wife, or they get divorced, or there is enmity between them, whatever the case, the children's provider is the father — the father has to raise the children in every circumstance, whether he is a live-in son-in-law, whether he lives off your bread crumbs, whatever the case — when matters go to court and a mother demands maintenance for the children from the father, the courts will fix his maintenance amount, regardless of whether he earns or not.

Let me add a little to this — if that person proves himself destitute, proves himself bankrupt, even then you will get maintenance. The court will get you the maintenance, but not from him, because he has already proven himself bankrupt — there's a procedure for this. If he manages to prove himself bankrupt, he is then discharged of the obligation. Then the government of the time will pay you maintenance through the Bait-ul-Maal, because the first guardian of children is the government, and the second guardian is the natural guardian, the father — Allah Almighty made this so, no court certificate is needed for this — he is the natural guardian. If the natural guardian cannot pay maintenance, then the government of the time will pay it.