Divorced husbands considered that “there is an exaggeration in calculating the amount of monthly maintenance” that the courts award to divorced women in custody, pointing out that it is not commensurate with their income. They said that the expenses that the courts require them to pay to their divorcees place financial burdens on them that make them in difficulty, pointing out that deducting a large percentage of their salaries does not enable them to meet their living requirements.
Husbands confirmed that their divorcees deliberately exaggerate their requests, demanding that the Personal Status Law be reviewed in the issue of estimating monthly alimony, in a manner commensurate with the husbands’ capabilities.
A lawyer confirmed that there are fathers who circumvent the law, to reduce the amount of alimony for their divorcees and their children, such as trying to prove their involvement in fake, losing commercial projects, while they spend lavishly on their children from their other wives.
During the year 2010, the total number of divorce cases nationwide reached 3,459, according to a report by the country’s National Center for Statistics.
The report shows that the number of divorce certificates between a citizen husband and a citizen wife reached 1,486 divorce certificates, 583 divorce certificates between a citizen husband and a non-citizen wife, 112 divorce certificates between a non-citizen husband and a citizen wife, and 1,278 divorce certificates between a non-citizen husband and a non-citizen wife.
In its rulings in personal status cases regarding alimony, the Federal Supreme Court affirmed the legal principle that when estimating alimony, the capacity of the spender, the condition of the recipient, and the economic situation of time and place are taken into consideration, provided that it is not less than the level of sufficient to secure what is necessary for the recipient. It affirmed that estimating alimony is a matter of It is obligatory upon him whether it is easy or difficult, which is within the authority of the trial court when it bases its ruling on justifiable reasons that have their basis established in the papers.
Living expenses
The citizen (Abu Muhammad) said that he divorced his wife years ago, with whom he has three daughters, and their relationship ended in divorce, so she filed a lawsuit against him, and the court ordered her monthly alimony in the amount of 9,700 dirhams, while his total salary amounts to 20 thousand dirhams, deducting 9,300 dirhams from it to pay off debts. Bank, and there is nothing left of his salary, adding that he submitted all the identification papers confirming his bank obligations from loans he took before. His marriage to his divorced wife, but the court did not take it into account and ordered the aforementioned alimony.
He pointed out that the alimony ruling issued against him did not take into account his other children, as he is married to another woman, and has six children with her, the eldest of whom is studying in secondary school, adding that he is currently unable to provide their living expenses after distributing his salary between the alimony and the bank, calling for a reconsideration of the matter. Personal status laws, especially regarding estimating alimony according to the capacity of the spender.
The citizen (Salem A.) said that he separated from his wife years ago, and the court ruled for her to remain in the marital residence that he provided after great difficulty and borrowing from the banks, as she was a custodian of his two children, and he calculated a monthly allowance for her estimated at 5,000 dirhams, then another case was filed. In it, she demanded an increase in alimony, and the court increased it to 5,500 dirhams per month, pointing out that the size of his salary was not taken into account at that time, as it was not He has only 900 dirhams left after deducting bank debts, and his petition to reduce his alimony has been rejected.
He stressed the importance of taking into account the level of the husband’s financial income when calculating alimony, and also looking at the amount of debt he owes as a result of the loans he obtained to furnish the marital home, so that his life is not affected after the divorce, as he has the right to be able to spend and manage his living expenses in a reasonable manner. Good, especially if he is married to another woman.
Monthly installments
Another citizen, who refused to mention his name, said that he married a foreigner and had children with her, then decided to separate from her after family disputes broke out between them. She filed a lawsuit against him demanding alimony, which he complied with, but the court ruled that he buy her a private car to facilitate her transportation. Adding that he does not have the financial capacity to fulfill this requirement, especially since he has debts owed to banks, in addition to the installments of his own car.
In the details of a case heard by the Federal Supreme Court, an employee explained that he receives a monthly salary of 5,000 dirhams, and presented documents proving that. He also lives in an apartment for which he pays 40,000 dirhams, in addition to the necessities of life and economic conditions. He added that he owes monthly installments for a car he bought, and he has calculated a monthly expense of 3,000 dirhams for his wife and son.
The court found that the alimony assessment was based on valid reasons, as it was proven that the husband had another income, and he did not provide evidence of debts or obligations on him, rejecting his appeal against the alimony ruling.
Alimony standard
The judge at the Federal Supreme Court, Counselor Ahmed Abdel Hamid, told Emirates Al-Youm that the court has a standard for estimating alimony, which is calculating the value of the husband’s total income, not just his salary, as he may have lands, residential buildings, commercial projects, etc., and then the income is calculated. The total, and the debts are deducted from him according to the evidence and supporting documents he provides that the court is satisfied with, which is what is called in the law “the extent of the husband’s left-handedness.”
When ruling on alimony, the condition of the spender is also taken into account, and the expenses he bears, whether on another wife and other children, or on the parents if they fall within the circle of those to whom alimony is due, as well as the debts owed by him. The court calculates and estimates the alimony, taking these into consideration. matters.
The court also takes into account the condition of the wife and children after her divorce and her custody of them, as it considers their necessary needs and their own social level. If it is proven, for example, that the wife was serving in her family’s house, and she was serving in her husband’s house, then it is not permissible, according to Sharia and law, to deprive her of that, and so on. The matter is that if she rides in a car with her family and the situation continues with the husband, then it is not reasonable for her to be deprived of the car, and this is the case in all cases of alimony and its provisions.
Judge Abdul Hamid stressed that the court does not estimate alimony randomly or inferentially, as its ruling must have a basis in law, and it must be certain of all of this before it orders alimony. If it rules otherwise, its ruling will be flawed, and the Court of Cassation will overturn it if it is marred by any defect. Evidence, failure in reasoning or reasoning, or an error in applying the law, adding that according to the Personal Status Law, the Court of Cassation deals with the case and does not refer it after the cassation, as It undertakes itself to decide the merits of the case, and to establish the correct ruling of the law through the incident of the case, and the evidence and documents presented therein.
Regarding the resort of some divorced women from time to time to file a lawsuit to increase alimony, Judge Abdul Hamid confirmed that the provisions of alimony are considered temporary, and change with the change in the condition of the child, the time, and the change in the condition of the payer. In this case, the divorced woman has the right to file a new lawsuit to increase the alimony whenever the condition of her child changes, as he enters the stages of different educational opportunities, and the school fees and expenses that result from that, and the expenses spent on him in terms of private lessons, transportation, etc., which increases the expense for the incubator, who has the right to demand what It fulfills the needs of the beneficiary. In this matter, the court takes into account the change in circumstances and conditions. If it finds that the circumstances have not changed, it rules to reject the lawsuit. However, if the divorced woman is able to provide evidence of a change in the condition of the beneficiary and an increase in his pension, as well as with regard to the child’s urgent and necessary needs, which he is obligated to fulfill. As the father, as his guardian, is responsible for spending on him and meeting his needs, the court orders the adjustment of alimony, according to what it deems appropriate based on the documents presented, after being satisfied with the validity of what the custodian claims is true, and the judge of the matter has the authority discretionary in that.
Fake projects
For his part, lawyer Ibrahim Al-Tamimi confirmed that the complaints of some husbands about the exaggeration in the alimony provisions that the court estimates for their divorced wives are misplaced, as they are not sufficient for the needs of those in custody, especially with the high cost of living and the large number of their needs, adding that if the children were with their father, he would be forced to To spend on them in all aspects, including sudden treatment, entertainment, and their purchasing needs of new clothes during the holidays, which are not covered by the law and are rarely governed.
He pointed out that the divorced custodian is forced, after receiving alimony, to fulfill many requests for schools and other matters, such as taking the children for games and entertainment, and paying the transportation fare, indicating that many parents believe that alimony is the value of a bill for food and drink, without considering the rest of the needs of the child in custody. .
He pointed out that some fathers claim that their financial circumstances are difficult, and they are surprised that they are marrying one after another, or borrowing for multiple marriages, or to buy luxury cars, while their children are starving.
There are those whose salary reaches 100 thousand dirhams and whose children do not enjoy a comfortable life. Some of them spend lavishly on their children from the wife who is in love with him and ignore his children from his divorced wife. Some of them live with his wife, who is under his care, in the best villas, and his children from his divorced wife are cramped in small rooms, in areas that do not befit their father’s social status.
Some people also borrow huge sums of money after divorce to enter into loss-making fictitious commercial projects, thus depriving their children of the alimony that is commensurate with the family’s social status. As for providing a maid or paying her wages, the jurisprudential and judiciary established that the children have the right to a maid, especially since they had a maid and two maids when they were with their father, but he wants to deprive them of that after the divorce.
As for buying a car, it is rare for the court to rule on it, unless it finds that the father is affluent, has a high salary, and has cars that he and his children from his other wife use, and in most cases it orders a transportation allowance.
Al-Tamimi believes that the law is deficient in specifying the expenses that the father must pay, calling for it to be amended taking into account the actual condition of the husband, and not those who try to evade spending on their children, and spend lavishly on other matters, considering that most of the provisions do not do justice to women.