Fatwa #1045620 December 2003United States of America
How much child support is too much? Will I be cursed if I flee?
Question
I have been ordered to pay 80% of my $42,000 income in taxes and child support for two children. This results in me getting $8,717 out of $42,000 (taxes and child support deducted) and my ex, on a $30,000 a year income gets $42,436 (taxes deducted and child support added) She had an affair I tolerated for years because I knew this would happen to me if I divorced. I want to support my children, but this situation is non-negotiable and has forced me to live in abject poverty. 8,717 is not enough in America. Does Islam require me to pay so much? Because I cannot pay so much I face prison. America has the world's highest prison population. The prisons have few criminals and a lot of people like me who cannot pay 80%. American prisons force the prisoners to work. There is a profit in jailing so-called "deadbeat dads". There are very few real deadbeats and a lot of men who cannot pay 80%. State issued propaganda effectively hides this fact. To those whose lives the angels take While they are unjust to their own souls The angels say, What was your situation? They say "We were oppressed on earth." The angels say, "Was not God's earth broad enough for you to flee?" I spend my nights in fear of a knock on the door. I eat daily the bitter harvest Feminisim has brought America. I do not want to leave my children behind, but what other option is there? Will I be cursed if I flee?
Answer
According to the Shari?ah, it is the father?s responsibility to support and maintain his children according to his means. You state that you are compelled by law to pay a large sum of your income for your children. You thus do not have sufficient funds for yourself. You enquire whether you can leave America due to the injustice done to you. %0D%0A%0D%0AThis is indeed a very difficult situation and it will be irresponsible to issue a straightforward yes or no. There are advantages and disadvantages in both situations ? staying and leaving. You should weigh the benefits and harms and the best interest of your children should be taken into consideration. What would be the consequences if you leave the US. Surely, the mother earns an income and will be able to take care of them. However, your presence and visitation rights to them affords you opportunity to maintain a bond with them, which is necessary for nurturing them whenever Allah creates an opportunity to you. Consider the positives and negatives and decide from that. Continuously make Du?aa to Allah for He is the ultimate Guide.%0D%0A%0D%0AMay Allah Ta?ala guide you towards that which is best for you, Aameen.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0A