Child Support Lawsuit (Both Types) in Kuwait
This article explains the child support lawsuit in Kuwait in both forms (increase and decrease), the types of alimony under the Personal Status Law, the factors affecting child support assessment, when support ends, and answers to common questions.
The child support lawsuit (both types) in Kuwait is considered one of the most important alimony-related lawsuits after spousal alimony. This article explains what it means, how child support is assessed, and when it ends.
If you have an alimony-related case of any type, it is advisable to seek the help of an experienced lawyer in Kuwait through Inqad Law Firm by clicking here.
Child Support Lawsuit (Both Types) in Kuwait
Kuwaiti legislators sought to address the various forms of financial support within the family and society in line with Islamic Sharia principles. Therefore, the Kuwaiti Personal Status Law includes provisions that confirm different types of alimony, their conditions, and who is entitled to them.
Types of Alimony in Kuwaiti Law
By reviewing the Kuwaiti Personal Status Law, the main types of alimony include:
Spousal alimony: owed by the husband to the wife upon a valid marriage, even if the wife is wealthy.
Waiting-period alimony (Iddah): due only during the waiting period after divorce; it is not granted due to the husband’s death even if the wife is pregnant.
Consolation alimony (Mut’ah): unless divorce reasons relate to the husband’s insolvency, harm caused by the wife, divorce by the wife’s consent, annulment at the wife’s request, or the death of either spouse.
Child alimony: due to minor children from their financially able father.
Parents’ alimony: due to needy parents from their financially able child.
Relatives’ alimony: limited to ascendants and descendants.
Situations of Child Alimony
Father is financially able: he must provide support according to customary standards.
Father is insolvent and mother is able: the mother provides support; it becomes a debt on the father to be reclaimed when he becomes able.
Both parents are insolvent: support may be imposed on a financially able relative who is obligated to provide it; it remains a debt on the father.
Father is insolvent and the child is wealthy: the father may spend from the child’s money within reasonable limits.
Types of Child Support Based on Marital Status
During marriage: the father provides support directly.
After divorce: if custody is with the mother or another custodian, the father must pay the support to the custodian.
What is meant by the lawsuit in both types?
Increase child support: filed by the legal representative of the children against the father; it generally requires a prior child support judgment and the lapse of one full year.
Decrease child support: filed by the father against the children after a judgment sets the support amount.
Procedures for Filing the Lawsuit
It is best to appoint a specialized lawyer to file the child support lawsuit (both types) in Kuwait.
Prepare the statement of claim and support it with legal grounds from the Personal Status Law.
Attach the necessary documents and evidence.
Submit the case to the competent Family Court.
It may also be filed electronically through approved Ministry of Justice applications.
Provide proof of the father’s failure to spend, or proof of changed financial capacity requiring increased support.
Include birth certificates, proof of the father’s financial status, and family status documents as needed.
How Much Is Child Support in Kuwait?
The judge assesses the child support amount based on several factors, including:
The father’s financial status (able or insolvent).
The number of children entitled to support.
Ensuring basic needs: food, clothing, housing, healthcare, service, and education.
Monthly income if it can be determined.
The social and living standards of the area where the children live.
The family situation (ongoing marriage or separation/divorce).
In many cases, court rulings show that the average support per child may range from 50 to 100 Kuwaiti Dinars, depending on circumstances.
When Does Child Support End?
Sons: generally ends upon reaching adulthood and the ability to earn, with an exception for continued university education under its conditions.
Daughters: continues until marriage; it may return after divorce if she has no supporter and no sufficient funds.
Disabled child: remains due regardless of age.
Father becomes insolvent: the obligation may shift to the mother if she is able, otherwise to obligated relatives, while remaining a debt on the father.
Children are wealthy: an insolvent father may spend from their funds reasonably.
Frequently Asked Questions
How long does an alimony case take in Kuwait?
Alimony cases are treated as urgent because they concern the basic needs of children. However, the duration may vary depending on hearings and submissions. Courts may grant temporary support until the main case is decided.
How much is infant support?
When determining infant support, the judge considers factors such as:
The infant’s basic needs, especially clothing and healthcare.
Feeding needs: ensuring milk/formula or paying nursing/feeding costs where applicable.
We hope this article clarified the key points about child support lawsuits in Kuwait and when child support ends.