In Kuwaiti law, it is the duty of the husband to support his wife and family from his own property during the marriage and upon divorce. However, if the husband refuses to pay alimony or child support, the wife may resort to litigation. The Kuwaiti law has laid down the foundations for assessing the amount of alimony and determining the following procedures in the execution of alimony and child support orders, don't forget that the assistance of an experienced family law attorney will grant you the best alimony and child support order. Here are the requirements of alimony:
- Validity of marriage contract.
- The wife should fulfill the purpose of marriage
- Residence in the matrimonial home
There are different types of alimony and child support that may be awarded depending on the judge's decisions, which shows the importance of being assisted by an expert alimony lawyer in Kuwait to prove the husband’s income in court. The financial situation of the maintenance provider is taken into account when assessing the amount of maintenance, which may be increased in the event of a change in the provider’s economic circumstances. There are several different types of alimony:
- Spousal support
- Maat’a (consolatory gift)
- Housing Maintenance
- Idda (maintenance during the period of waiting)
- Educational expenses
- Medical expenses
- Housekeeper expenses
- Accommodation expenses
- Maintenance to mothers with custody
- Expenses for car and driver
According to article 78 of the Personal Status Act of Kuwait, the calculation of back alimony starts from the date of refusing to pay, back alimony is considered a mandatory financial obligation on the husband. The lawsuit of back alimony will not be heard if the period exceeds two years unless the husband has admitted on a written document that he refused to pay for more than two years. According to article 79, It also requires the court to order provisional alimony from the moment there are plausible grounds for establishing the right to alimony. However, being assisted by an experienced Kuwaiti family law attorney will give you vivid explanations of the implications of these laws on your case.
Under the Kuwaiti family law code, the mother has custody in all cases, provided that she satisfies the necessary conditions, which are that a custodian must have attained the legal age and be of sound mind, as well as trustworthy and capable of raising the child and safeguarding his or her physical and moral well-being. A family custody lawyer in Kuwait would provide you with an informed understanding of your legal rights and obligations regarding the custody matters.
However, the child can be automatically removed from the custody of the mother if the mother remarries. On the other hand, non-Muslim women have the right to custody of their children until they reach the age of acknowledging religions. Under the Kuwaiti family law code, the father is obliged to incur the costs of accommodation, food, communications, transportation, and more.
According to a Kuwaiti court, other expenses like car and driver expenses may vary depending on the financial situation of the husband.
That means the Kuwaiti legislation has provided all the procedures to protect women’s rights during marriage and in the event of divorce.
There is no doubt that changes in the circumstances of life could impose challenges against the sufficiency of the alimony amount ordered by the court. However, Kuwaiti law was flexible enough to deal with such cases. According to article 77 of the Kuwaiti family law code, the amount of alimony could be increased or decreased depending on the changes in the financial situation of the husband or the changes in the economic situation in the country. However, if you file a lawsuit to increase or decrease the amount of alimony the court will not hear the case until a year after the first alimony order.
Finding the right family law attorneys is vital to ensure the best outcome. Still, you need to know that only on the stated emergency bases the alimony lawyer will be able to file a case to increase or decrease alimony before a year.
To conclude, this article has discussed types of alimony, requirements for alimony and child support, and the different kinds of child support expenses entitled for custodial mothers. Thereof this shows the importance of being assisted by an experienced family law lawyer in Kuwait to represent your alimony case before the court.
