A Woman requests DH5,000 "Eidiya" from ex-husband in Fujairah Federal Court
A woman brought a case to the Fujairah Federal Court, seeking an increase in the legal alimony for her children to 9,000 AED per month, and requesting her ex-husband to provide 1,500 AED on each occasion of Eid al-Fitr and Eid al-Adha.
She made these demands following her ex-husband's income increase to an undisclosed amount.
Alimony Adjustment Sought
The woman also demanded a raise in the domestic worker's wage to an unspecified amount per month to support the growing financial responsibilities and daily expenses related to her children's well-being. However, the court decided to only increase the child support and rejected the request to raise the domestic worker's wage or grant additional funds on special occasions.
Background and Previous Provisions
The plaintiff, who was previously the defendant's wife and is the mother of their five children, requested an increase in the monthly alimony from its current rate of 5,000 AED. She further sought financial contributions of 1,500 AED on each Eid festival, in addition to enhancing the domestic worker's salary.
Court Decision and Legal Basis
The court permitted the adjustment in alimony, taking into account the change in circumstances. In accordance with the law, requests for alimony increase or decrease typically cannot be entertained until at least a year has passed since the original alimony order, unless exceptional circumstances exist. Such adjustments can be calculated retroactively from the date of the legal claim.
In this case, the plaintiff presented evidence that the defendant's income had risen since the initial alimony judgments were issued. She provided documentation showing that the defendant worked for a government agency with a salary exceeding 50,000 AED. Notably, the defendant did not attend the proceedings or dispute the income disclosure.
The court determined that over four years had elapsed since the alimony was initially established. The court believed that the existing alimony, set at 6,500 AED for child custody, was insufficient to cover the children's daily needs and living expenses, especially considering the continuous increase in living costs.
The court found that the rights and expenses provided to the plaintiff under the prior judgments did not adequately align with the children's living conditions. Consequently, the court ruled in favor of increasing the monthly alimony to 7,500 AED, encompassing both food and clothing expenses.
However, the court declined to augment the domestic worker's wage or provide additional financial support on special occasions or holidays.