The most important issues related to alimony in Kuwaiti law (the best lawyer in Kuwait)

 The most important issues related to alimony in Kuwaiti law (the best lawyer in Kuwait)

Types of expenses:

Marital alimony:

1- A valid marriage contract is the basis for the wife's obligation to spend on her husband, even if she is in her father's house. Condition that.

Loss of alimony for the wife. Region. Proven Nushooz by her failure to implement the final judgment of obedience.

2- According to the Jaafari school of thought, when her husband refuses to spend on her, she may submit her matter to the judge to oblige him to do one of two matters, either maintenance or divorce.

The husband's refusal to do both allows the judge to divorce her.

- Estimate the husband's abstention from spending after being obligated. objective. Example.

3- Obligation of maintenance for the wife. Region. Correct contract. The fall of her right in it. It is only after it is proven that it has abstained from implementing the final judgment of obedience, which makes it an outlier.

- Proof of the judgment that the wife is entitled to alimony based on the proof of the marriage according to the correct contract and even the ruling for her divorce, and that the appellant has not contested her entitlement to her from the date of filing the case. Enough of it.

4- Disobedience to the wife. Its position and its impact on the fall of her expense. The requirements of his proof are for the husband to ask her to surrender to him in implementation of the final judgment issued for her to enter into his obedience. The basis for that. 87 BC 51/1984. The necessity of applying this procedural rule, whatever the applied doctrine.

A wife's maintenance on her husband. It is obligatory.

The loss of her right to alimony. Region. Her refusal to engage in obedience to the husband despite the issuance of a final ruling to that effect, and her announcement of it and her consideration of her disobedience.

- Absence of papers indicating the issuance of a final judgment of obedience, and the wife's refusal to implement it after announcing it. Spend judgment imposing alimony for the wife. no shame.

5- Disobedience to the wife whose right to maintenance is waived. It is possible to achieve it. Filing an obedience lawsuit against it and its failure to implement the final ruling issued on it after being notified of it.

- Obliging the judgment to contest the alimony on the basis that the judgment issued for obedience was preceded by a primary ruling. no mistake.

6- Legal defense that is mixed with reality. It may not be raised for the first time before the Court of Cassation. Example.

7 - entitlement of the wife and the waiting period to spend on her husband as a penalty for withholding his rights and benefits.

The wife's entitlement to a servant's wage. Region.

- Estimating all kinds of spousal maintenance. Reality of the authority of the subject court. police. Example.

8- Obligation of the absence of the accusation from the witness. Performed it. The certificate of origin for its branch and branch due to its origin is not accepted. All other relatives, each other. Accept their testimony. An example regarding the release of the verdict, the testimony of the two witnesses of the appeal, because the accusation was not absent from them, because they were her children, and that he was not entitled to alimony for a period prior to the filing of the case.

9 - The house wage owed to the wife within her alimony as a penalty for her withholding the husband's right and benefit. Its difference from the wages of the nursery housing, which is part of the expense of the young, and the one who is obligated to spend on it.

10- Loss of spousal maintenance. Region. Proved abstaining from implementing a judgment issued in obedience, and declaring it to obedience, which renders her out of disobedience.

Estimating all types of alimony. From the authority of the subject court. police.

11- The expense of the poor little boy, including the housing fee, his education expenses, and a maid's wage if needed. It is obligatory on his wealthy father to the extent of his sufficiency according to his father's condition. Estimate it. A reality independent judge of the subject. police. To base his judiciary on what he has extracted from evidence that has its fixed origin in papers.

12- Compensation for the wife's neglect of those who separated her and her condolences. From chivalry required by Sharia. Exception: If the band is at her request or because of her, or upon the insolvency of the husband or death. Bug that. No pain or no pain in a divorce that was done with the wife's consent.

13- Restriction of hearing a lawsuit for an increase or decrease in alimony after the lapse of one year. Restriction to alimony without the alimony of relatives. Bug that.

Judgments issued in matters of personal status that accept change and alteration due to changing circumstances. Its validity is temporary, including judgments issued for alimony or its rejection.

14- Estimating all kinds of matrimonial maintenance. A reality in which the trial court is independent when it establishes its judiciary on valid grounds that have their fixed origin in papers.

Alimony for the wife. Its cause. The marriage contract with which she retained the husband's right, so she must spend on his money even if she was in her father's house ready to obey him. Its abstention from this without justification. Its effect. The husband has the right to obtain a final judgment that she enters into his obedience and waives her alimony after it is proven that she refrains from implementing this ruling after announcing it, in a way that makes her defiant.

15- The wife's residence in the marital home. The husband's obligation to pay her a house wage is waived.

16- The two parties to the alimony lawsuit belong to the Jaafari school of thought. Its effect. The alimony is due from the date of the ruling, not from the date of filing the case. The basis for that. Article 205 Personal Status Law.

17- Leaving the wife out of the marital home with a legitimate justification. We don't Performed it. Obligation of maintenance for her.

18- The couple's affiliation with the Jaafari school of thought. Its effect. The application of its provisions on them, including the rules of evidence. Saying the wife who lives in the husband's house. Only evidence is accepted, and if there is no evidence for it, then the husband's statement with his oath is taken into account.

Small alimony:

1- The youngster reaches fifteen years of age. Only he has the right to file a lawsuit requesting the imposition of maintenance. Filing a lawsuit from his mother, requesting maintenance for him. Unacceptable. Example.

2- Foster home for the nursery from the alimony due for the child. police.

- The contested against waiving her custody fee to the youngster does not rob her of her right to the rent for his nursery residence as long as there is no evidence of her ownership of a residence in which she resides or is designated for her residence.

- The father of the young child is obligated to spend on him regardless of the left of the incubator.

3- The right of the incubator to claim the rent for the minor's housing as part of the alimony. The fall of this right. Manatha: Proof of ownership of a residence in which it resides or designated for its housing. The basis for that.

- Dependence of the judgment on evidence from which the incubator's ownership of a house or an allocation for its residence and spending is not derived by rejecting her claim by requesting a wage for a nursery housing for the young. Corruption in reasoning defects judgment and must be distinguished.

4- Custody of women. Its end for the boy and the female. The first is through puberty and the second is by marriage. The basis for that.

- The incubator has the mandate to claim the maintenance of the fostered child who is in her possession of those who are legally bound to it. Subject to availability of that mandate.

- The appellant does not claim the marriage of the young woman or that her grandmother is holding her. The latter has the right to claim its maintenance.

5- The expense of the minor, including the servant's fee, if needed. It is obligatory for the father, as long as he is wealthy.

Fees for the nursery dwelling within the expense of the minor obligated by his father. Exception: The female incubator's ownership of a residence in which she lives or is designated for her residence. The basis for that.

Estimating all types of alimony. reality. The independence of the subject court at its discretion. Condition that.

6- Alimony for the young boy. It is obligatory on his father, on the condition of his left. Inability to earn. His states: youth and femininity and the like, such as seeking knowledge.

- Estimate the father's left or not. The reality is independent at the discretion of the subject court. Condition that.

7- The judgment obligating the appellant to pay maintenance to his children from the date the respondent received them and not from the date of the judicial claim. Obituary on it. unproductive.

8- Alimony for the poor little boy, including the servant's wage. It is obligatory on his father. police. To be affluent. Changed by changing circumstances and conditions. The incubator may not waive her, otherwise she will exceed the limits of her authority because of the harm that will result from the child.

- Judge the judgment accepting the case for increasing the alimony. Right. The formal agreement of the two parties that it is not permissible to demand the increase or to file a lawsuit before the lapse of one year since this agreement has no effect. Example.

9- Claiming child support. Who has the right to it. The one holding his hand

10- Waiver of the minor's alimony. police. It must be temporary for a known period. except that. It is not correct and it is not used by the young person and is considered as if it was not Bug that. The sitter exceeds the limits of her authority and harms the young. Adoption of the judgment of non-temporary waiver. An error in applying the law should be distinguished.

11- The rent for a minor's housing is part of his expenses. Its difference in its subject matter and the reason for imposing it on pleasure. Its performance. The right to pleasure contradicts the right to charge the house rent of the child in custody from his father, who is obligated to spend on him in a way that does not preclude his elimination of the period set for the fulfillment of the pleasure.

12- The right to claim alimony for the minor. Region. Save and take care of it. Bug that. That the mandate of spending depends on the holding hand and disappears with its demise.

13- A young person’s housing wage is a part of his alimony his father is obligated to, unless the incubator owns a dwelling in which she lives or is designated for her residence.

14- Alimony for a young person who is incapable of earning due to her youth, femininity, or insufficient earnings. It is obligatory on his wealthy father.

Estimate, increase and decrease alimony, and the left of the father. Reality of the authority of the subject court. police.

15- The son's alimony in the jurisprudence of the Jaafari school of thought. Confined to food and clothing to meet his needs.

16- The right of the incubator to receive the alimony of the child. Region. He is in her hand. Bug that. The mandate of spending depends on the holding hand and disappears with its demise. An example of the refusal of the ruling to drop alimony for the continuation of the child in the custody of his mother despite the issuance of a ruling for the father to establish custody for him.

17- The custodian and the guardian differ over the fostered child in matters other than his service. Its performance. The matter is for the guardian because of his mandate to act by himself. Example of orientation for a specific type of education or trade.

18- The son who reached the age of choice in the Jaafari school of thought and chose to live with his mother. The obligation to spend on him is on his father, who is permissible for him to prepare it in his residence and to require him to attend. Not having to spend on him in the mother’s residence unless there is an excuse that prevents him from coming to his home.

19- The incubator owns a house in which she lives or is designated for her residence. Its effect. Not entitled to a foster home wage.

20- The minor's expense, including the servant's fee. On his father. Condition: father's left. Estimate or deny it and estimate the expense. Reality to judge the subject.

21- Custody fees. Cases of non-entitlement.

Several expense:

1- Obligation of maintenance for the woman in the waiting period, such as divorce, annulment, entry into a corrupt marriage, or suspicion. Not to fall except by performance or discharge.

Pleasure expense:

1- The wife's entitlement to temporary alimony. Region.

- Estimate whether the wife is satisfied with the divorce or not. Reality of the authority of the subject court.

- The exceptional cases in which the wife is not entitled to mutaa alimony. They are received exclusively. Example.

2- Estimating the expense and performance of the pleasure. Standard in it. Calculated on the basis of the monthly expense value at the time of maturity. Condition that. Not to exceed the expense of one year. The basis for that.

- The appreciation of pleasure is a reality that is determined by the subject court. police.

3- The divorced woman is not entitled to alimony. Region. Her consent to divorce.

- Appreciation of the wife's consent to divorce. The reality is objectively appreciated. Condition that.

The wife's consent to divorce. The burden of proof is on the husband.

4 - The husband's infliction of divorce by his own will without the wife's consent necessitates her pleasure. The basis for this and its reason.

- Appreciation of consent or denial of divorce. One of the issues of reality is independent by the judge of the matter. police.

5- Legalization of pleasure. The cause of it. The exceptional cases in which pleasure is not required. What it is.

- Appreciation of the wife's consent to divorce or its denial. reality. Independent judge subject. police.

6- Pleasure in the Hanbali school is not required except for a divorced woman who was not included in it. A divorced woman after entering her named dowry. Its not fun.

7- The rent for the minor's housing is part of his expenses. Its difference in its subject matter and the reason for imposing it on pleasure. Its performance. The right to pleasure contradicts the right to charge the house rent of the child in custody from his father, who is obligated to spend on him in a way that does not preclude his elimination of the period set for the fulfillment of the pleasure.

8- The legal incident is the source of the right in relation to the deferred dowry, which is marriage, and with regard to maintenance and entertainment, it is divorce. Performed it. Separate legal reason for each. Inclusion of the suit for them. Its effect. Considering each of them an independent lawsuit whose value is estimated to the extent of its value alone. Entering either of them into the final quorum of the Supreme Court and the judgment of the Court of Appeal that the appeal is inadmissible. Not against the law.

9- The divorced woman is retroactive. Its ruling is the rule of the wife regarding entitlement to alimony until her waiting period ends.

The wife's consent to divorce. Its effect. Not worthy of fun. Appreciation of the residency or absence of satisfaction. Reality to judge the subject. police.

- Estimate the maintenance and enjoyment of what suits the husband's condition. Reality of the subject court. police.

Expense estimate:

1- Estimating all types of alimony. It is independent by the trial court whenever it is based on valid reasons.

2- Determine the abstinence of the person obligated to spend and its duration and estimate it in a manner appropriate to the case of the obligee. objective.

- Appreciating the statements of witnesses, extracting the facts from them, and taking the statements of some of them without the others, or the statements of one or more of them and not others. From the authority of the subject court. Condition that.

3- The wife has maintenance on her husband of all kinds, including medication, service and others, according to custom and the husband's financial condition.

Estimating alimony is an independent fact for the trial judge. police.

4- Estimating the expense of the minor according to his need and the degree to which he is obligated. reality. Objectively appreciated. police. Example.

5- The appeals court has a violation of the court of first degree in estimating alimony. Bug that and a condition.

6- Abstaining from paying the alimony, the period of non-spending, and estimating it. The reality of the subject matter independent court. Condition that.

7- Estimating the wife's alimony of all kinds in a way that suits the husband's condition and the alimony of the young to the extent of his sufficiency. The reality of the subject matter independent court. Condition that.

8- Estimation and re-estimation of alimony. objective. Condition that.

The fee for the child’s custody housing is paid by his father only. The exception to this. The incubator owns a house in which she actually resides or is designated for her residence. What is meant by the king. What it is. An example of imposing and increasing the expense and obligating the appellant to pay a nursery house.

9 - Estimating the alimony of all kinds and its proportionality with the case of the obligated. The reality of the subject matter court is independent by it. Condition that. An example of a common cause.

10- Estimating the alimony of all kinds, including the alimony of the minor and the case of the obligee. The reality of the subject matter independent court. Condition that.

11- Alimony for the divorced woman is retroactive, and her clothing and clothing are obligatory for her as the wife. The basis for this is the provisions of the Hanbali school of thought that is applied considering that both parties are Saudi.

- Estimating alimony of all kinds is a reality in which the trial judge is independent. police.

12- Estimating all types of alimony from the authority of the trial court. police.

13- Hearing a lawsuit to increase or decrease alimony. It is not permissible before one year has passed since it was imposed, except in exceptional emergency cases. Bug that. Cut the way to malicious cases and not to confuse the judiciary with close-term cases. Violation of the ruling that. Its fault.

14- The divorced woman is retroactive. Its ruling is the rule of the wife regarding entitlement to alimony until her waiting period ends.

- Estimate the maintenance and enjoyment of what suits the husband's condition. Reality of the subject court. police.

15- Estimate the alimony, the extent of the obligation to pay it, and the date of abstaining from spending. From the authority of the trial court in accordance with the reality of the case. police. Establishing its elimination on plausible reasons sufficient to bear it.

#lawyer #attorney #worklaw #housemaid #worker #law #court #release #visa #transfervisa #intracompanytransfervisa #lawfirm  #release  #transfer_visa#passport#indemintry  #sallary_issue #run_away_case  #abscond_case #marriage  #contract_marriage#family_cases  #DIVORCE_CASE  #divorce_contract #child_custody  #custody_issue #alimony_case  #child_support   #expense_issue #criminal_issues #drugs_case  #drug_issue ‏ #Drunk_driving  #alcohol_abuse_issue‏ #assault_case #homicide_issue #kimbyala_case  #remove_ravel_ban #Rental_issues  #law_firm_In_kuwait#kuwait  #kuwait #kuwaitinstagram #kuwaitcity #kuwaiti #kuwaitwomen #kuwaitfashion #lawyeredup #lawyermom #lawyerinthemaking #lawyerslife #lawyering #lawyerfashion #lawyersoffice #lawyers #lawyerjokes #futurelawyer #lawyerlifestyle #lawyersfashion #lawyerstyle #lawyergirl #lawyerproblems #lawyerup #lawyerstatus #lawyertobe #lawlesslawyer #lawyerlife #lawyer #instalawyer #immigrationlawyer #lawyersofinstagram #lawyerquotes #criminallawyer #kuwaiti #kuwaitgirls #kuwaitpic #kuwaitfashion #kuwaitlove #kuwaitpho #kuwaitinsta #kuwaitvape #kuwait__kuwait #kuwaitart #kuwait_city #kuwaitinstgram #kuwait_photo #prilaga #kuwaitfood #kuwait #kuwaityat #kuwaity #kuwait #kuwaitstyle #kuwaityiat_net #kuwaitcity #kuwaitphoto #kuwaitcars #kuwaitwomen #kuwaitinstagram