Question: I am a Muslim woman who was married to a Muslim man. Eight months ago the court ruled that I am divorced from my husband and have custody of my two children, but the amount of alimony the court has determined is not enough for me. I found out that my ex-husband has a great source of income. The source of this income was not known to me at the time of the proceedings. Can I file a new lawsuit for an increase in child support? Please advise.
Answer: In general, the application for an increase or decrease in alimony should be made after one year from the date of the alimony decision, unless there are exceptional circumstances.
Article 64 of the Personal Status Act states:
1. The alimony may be increased or decreased as circumstances change.
2. Except in exceptional circumstances, the claim for an increase or decrease in maintenance may not be heard before one year has elapsed from the date of its decision.
3. The increase or decrease in alimony is calculated from the date the claim is filed with the court.
So you have the right to make an application for an increase in alimony and state your reasons, bearing in mind that the court will assess the reasons and decide whether or not to consider them an exception to accept the case before the end of a year or not . When assessing the maintenance, the court takes into account the circumstances of the beneficiary and the economic circumstances at the time and place, insofar as these do not fall short of sufficiency.
The law also states that custody of the mother is forfeited on any of the grounds listed in Article 152 of the law if one of the conditions prescribed in Articles 143 and 144 of custody in general is violated, namely: loss of sanity , honesty, and the ability to raise, sustain, and care for the infant, or if the mother has a serious infectious disease or is being sentenced in one of the “honor crimes.”
Otherwise, the woman’s right to care for a child ends when the child reaches the age of 11 and the child reaches the age of 13, unless the court decides that an extension of this age up to the age of majority, z the man, and up to to her marriage, to the woman, is in his or her best interest. Unless otherwise required by the interests of the foster child, female foster care will continue if the child is mentally ill or suffers from a disabling illness (according to section 156).
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