Ask the Law: Can a divorcee demand more alimony if ex-spouse's income rises?
Normally, request to change the dues is heard only after one year has passed since claim
Question : A year ago, I got divorced and got custody of my children, a daughter and two sons. I have received an alimony of Dh4,000 per month, including housing. This alimony is not enough. Recently, I learned that my ex-husband’s salary has increased. I also learned that he now owns a private company. Do I have the legal right to file a claim for an increase in alimony? How can I prove to the court that my ex-husband has a private company?
Answer: You have the right to file a case in front of Personal Status Law to increase the alimony. The case to increase or decrease the alimony should be filed after one year from the date of alimony’s claim in court unless there are some exceptional circumstances. Article 64 of the personal status law states that alimony may be increased or reduced according to the change of circumstances. Secondly, an increment or reduction of alimony may not be heard prior to the lapse of one year from when the decision was first made. For the record, the increase or decrease of alimony is computed from the date of claim in court.
What is considered?
To determine the ability or inability of the person charged with alimony, as well as the estimation of the necessity of increasing or decreasing the imposed alimony and the appropriate amount for that, is a matter of the court as per the documents submitted. Article 63 states that in assessing the amount of alimony, it shall be taken into consideration the possibilities of the debtor thereof, the circumstances of the beneficiary and the economic situation, in place and time, provided it does not fall below the sufficiency level.
To prove that he has a private company may be done with any means of proof including written documents. You may request the court to address the Economic department to provide the court with all the trade licenses that are registered under his name. You may also request the court to address the company he works in, to provide the court with the salary certificate.