Defense Memorandum in a Child Support Case in Kuwait

The idea of filing a lawsuit to reduce child maintenance may seem strange or even impossible if you are not aware that Kuwaiti law treats maintenance matters as dynamic and subject to change as circumstances change from one year to another.

So what is a claim to reduce children’s maintenance, what are the conditions for filing it, and how do you prepare a defense memorandum in a child support (minors’ maintenance) case in Kuwait?

This article answers these questions and provides practical guidance and sample wording.

If you have any questions about maintenance matters or related issues, you may contact a specialized lawyer; for quick contact click <a href="https://api.whatsapp.com/send/?phone=%2B96566557772&text=%D8%A7%D9%84%D8%B3%D9%84%D8%A7%D9%85+%D8%B9%D9%84%D9%8A%D9%83%D9%85+%D8%A3%D8%B1%D9%8A%D8%AF+%D8%A7%D9%84%D8%AA%D9%88%D8%A7%D8%B5%D9%84+%D9%85%D8%B9+%D9%85%D8%AD%D8%A7%D9%85%D9%8A+%D9%85%D8%AE%D8%AA%D8%B5&type=phone_number&app_absent=0" target="_blank" rel="noopener">here</a>.

<h2>Table of contents</h2>

<ul>

<li>Defense memorandum in a minors’ maintenance case</li>

<li>Defense memorandum in a children’s maintenance case</li>

<li>Cassation principles related to reducing maintenance</li>

<li>Sample appeal petition to reduce maintenance</li>

</ul>

<h2>Defense memorandum in a minors’ maintenance case in Kuwait</h2>

Maintenance is an obligation on the husband under both Sharia and law and is one of the rights of the wife and children.

Article (74) of the Personal Status Law No. (51) of 1984 provides that:

"Maintenance is due from the husband to his wife under a valid marriage contract regardless of her financial status or difference in religion, if she submits herself to him, even constructively."

</blockquote>

Article (75) of the same law provides that maintenance includes:

"Housing, clothing, food, medical treatment, service, and what custom dictates."

</blockquote>

Article (76) explains how maintenance is assessed:

"Maintenance shall be assessed according to the husband’s financial condition (ease or hardship) regardless of the wife’s condition, provided that it does not fall below the minimum sufficient level."

</blockquote>

Accordingly, the assessment of maintenance is left to the family judge, who considers, among other factors:

<ul>

<li>The husband’s financial condition, income, nature of work, and health.</li>

<li>The wife’s financial condition is generally not considered even if she has sufficient income.</li>

<li>Living conditions and prices so that maintenance does not fall below a minimum subsistence level.</li>

<li>The number and ages of the children.</li>

</ul>

Therefore, the amount of maintenance may differ substantially from one case to another based on the facts of each case.

Kuwaiti law’s flexibility allows the husband to submit a defense memorandum in minors’ maintenance cases in situations such as:

<ul>

<li>A change in the husband’s circumstances from ease to hardship.</li>

<li>Increased children’s needs that no longer match the husband’s income.</li>

<li>Business collapse or termination of employment.</li>

<li>Remarriage and additional dependents.</li>

<li>Illness preventing work and earning.</li>

</ul>

<h3>Conditions for accepting a claim to reduce children’s maintenance</h3>

<ul>

<li>Proving the husband’s financial hardship and the change in circumstances.</li>

<li>One year must have passed since the first maintenance judgment, except for urgent and exceptional circumstances supported by evidence.</li>

</ul>

<h2>Defense memorandum in a children’s maintenance case</h2>

A defense is the legal means to respond to the opposing party’s claim and prevent a judgment against you by presenting evidence and proofs that support your legal position.

Legal defenses in a claim to reduce children’s maintenance are generally of two types:

1) Formal defenses related to procedure and form (for example, lack of jurisdiction or improper service of process).

2) Substantive defenses related to the merits (for example, challenging the seriousness/accuracy of investigations that assessed maintenance in a way that does not reflect the husband’s real income).

Below is a simplified sample wording that may be adapted:

Defense Memorandum

Mr. ………../ Defendant vs Mr. ………/ Plaintiff

Case No. …….. before the Court of ……..

Facts

(Insert the facts carefully in chronological order, explain the reason for submitting the memorandum, and attach the existing maintenance judgment and its assessed amount.)

Defense

(Present procedural and substantive defenses, supporting evidence, and relevant legal provisions.)

Requests

(State the requests clearly and directly, such as canceling the previous maintenance judgment and reducing the maintenance.)

Signature: ……..

Dated: …….

<h2>Cassation principles related to reducing maintenance</h2>

The Kuwaiti legislator provides flexibility in changing maintenance amounts. Maintenance may be reduced when the husband’s financial and living situation deteriorates such that he can no longer pay the previously assessed amount.

Because maintenance matters are renewable and changeable, judgments may be challenged and a claim for increase may be rebutted before the <a href="https://www.moj.gov.kw/AR/pages/DeptDisplay.aspx?I=73" target="_blank" rel="noopener">Family & Personal Status Courts</a> in Kuwait. Strong reasons supported by evidence are required.

The judge may then:

<ul>

<li>Re-examine the case.</li>

<li>Re-assess maintenance based on the new circumstances and monthly income.</li>

<li>Verify health circumstances if the claim is based on an urgent medical condition affecting earning capacity.</li>

</ul>

<h2>Sample appeal petition to reduce children’s maintenance</h2>

Subject: Appeal against the challenged judgment No. ……. dated ……. which assessed maintenance at ……. Kuwaiti Dinars per minor.

On (…….) date ../../….m

At the request of Mr. …….. residing at …..…. and choosing the office of Attorney …… as his elected address in ……..

I, the process server of the Court of ….., proceeded on this date to:

Ms. ……. (custodian of the minors …… and …… and ……) residing at ……. and notified her as follows:

The applicant was the spouse of the notified party in a valid marriage documented on ../../….m, consummated, and they had the minors: ……. born on …….; ……… born on …….; and ……… born on ……. .

<ul>

<li>Maintenance judgments have temporary res judicata and may be increased or decreased depending on changes in circumstances.</li>

<li>The applicant’s income has decreased significantly compared to the time of the first judgment due to business decline, remarriage, additional dependents, and health circumstances.</li>

<li>The investigations relied upon in assessing maintenance were not accurate and did not reflect the applicant’s real monthly income.</li>

<li>The applicant’s circumstances have materially changed and the maintenance judgment no longer matches his current physical, health, and financial condition.</li>

<li>The applicant is therefore entitled to file this appeal to reduce the minors’ maintenance to a level consistent with his current circumstances.</li>

</ul>

Accordingly

I delivered a true copy of this appeal petition to the notified party and summoned her to appear on ….. dated …….. before the Court of ……….. in …………. to hear judgment reducing the maintenance awarded to the minors under judgment No. …….. and appeal No. ………. in a manner consistent with the applicant’s current circumstances.

<h3>What are reasons for rejecting a claim to increase maintenance?</h3>

<ol>

<li>Less than one year has passed since the first maintenance judgment.</li>

<li>No evidence was provided proving a change in living conditions that justifies revisiting the case and issuing a new judgment increasing maintenance.</li>

</ol>

<h3>How can I file a claim to reduce children’s maintenance?</h3>

This can be done with the assistance of a specialized personal status lawyer in Kuwait who prepares the case in proper legal form supported by reasons and evidence.

For further reading: <a href="https://mohamie-kuwait.com/blog/%d8%ad%d8%a7%d9%84%d8%a7%d8%aa-%d8%b3%d9%82%d9%88%d8%b7-%d9%86%d9%81%d9%82%d8%a9-%d8%a7%d9%84%d8%b9%d8%af%d8%a9-%d8%a7%d9%84%d9%83%d9%88%d9%8a%d8%aa/" target="_blank" rel="noopener">Cases where waiting-period maintenance may fall</a> and <a href="https://mohamie-kuwait.com/blog/%d8%af%d8%b9%d9%88%d9%89-%d8%a7%d9%84%d8%aa%d8%b9%d9%88%d9%8a%d8%b6-%d8%a7%d9%84%d8%b6%d8%b1%d8%b1-%d8%a7%d9%84%d9%83%d9%88%d9%8a%d8%aa/" target="_blank" rel="noopener">Compensation for harm in Kuwait</a>.

Defense Memorandum in a Child Support Case in Kuwait

Related reading

Deadline for Filing a Mut’ah Alimony Lawsuit in Kuwait

Kuwaiti Personal Status Law: Marriage

Child Support Lawsuit (Both Types) in Kuwait

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