Can I reopen child support case due to worsening finances and health?

Hello, dear questioner,

If you suffer from conditions such as illness or job loss, we can submit a medical report to the judge proving your illness, along with a request to reduce expenses due to your health condition.

We can assist you with this matter.

For further discussion, please share your WhatsApp number.

Dear Questioner,

Thank you for your inquiry!

Based on the information provided, you are considering opening a new case for child support execution due to significant changes in your financial situation and health condition. Let's address your situation in detail.

1. Key Points:

a. Last Case Opened in 2019: Your previous child support execution case was initiated in 2019.

b. Financial Situation: Your financial condition has worsened, and you are now facing difficulties in meeting your child support obligations.

c. Health Issues: You are also dealing with chronic kidney disease, which has likely contributed to your financial challenges.

2. Legal Options in Your Situation:

a. Request for Modification of Child Support Payments:

- Legal Grounds:

Under UAE law, if there has been a significant change in your financial situation or health, you have the right to request a modification of the child support payments.

Courts can adjust child support orders if they are presented with evidence of a genuine change in circumstances, such as financial hardship or health issues that prevent you from earning enough to meet the existing obligations.

- Evidence:

To request a modification, you will need to present evidence of your current financial situation (e.g., reduced income, medical expenses, etc.) and your health condition (e.g., doctor's reports and medical certificates) to support your claim.

These documents will help demonstrate that your ability to make the original payments has been compromised.

b. Filing a New Case for Financial Adjustment:

- New Case:

If the previous case does not adequately reflect your current circumstances, or if you have not previously raised the issue of your deteriorating health, you can open a new case with the court.

In this case, you would request an adjustment of the child support order based on your current financial and health conditions.

- Payment Modification:

You may ask the court for a reduction in the monthly payments or an extension of the payment period, depending on your ability to pay.

3. Health Considerations:

a. Chronic Health Condition:

Chronic kidney disease can significantly affect your ability to work and earn an income. As such, this can be a valid reason to seek a reduction in child support payments. It is important to provide medical documentation to the court that supports the severity of your condition.

- Medical Support:

In addition to financial support, if your health condition affects your ability to work, you may also be able to request a delay in enforcement of payments or a temporary reduction based on medical advice.

4. Negotiating an Amicable Settlement:

If your ex-spouse is open to negotiation, you could attempt to reach an amicable agreement regarding the child support payments.

This could be a quicker resolution than going through the court process, but it requires mutual consent from both parties. You could negotiate a reduction in the monthly support payments based on your circumstances.

5. Steps to Take:

a. Gather Documentation:

Collect all necessary documents, including your most recent income statements, medical records regarding your kidney disease, and proof of any other financial obligations.

b. File a Request for Modification:

Submit a formal request to the court to modify the child support payments, citing your deteriorating health and financial difficulties.

c. Consider Mediation:

If possible, consider mediation with your ex-spouse to reach an agreement that is fair given your current circumstances. This could save time and legal fees compared to a court battle.

6. Conclusion:

Yes, you can open a new case to seek modification of your child support obligations based on your current financial and health situations.

It is important to present strong evidence of your condition, including medical documentation and financial records. Working with a family law lawyer will help ensure the process is handled properly, and your request for a fair adjustment is considered.

Please do not hesitate to contact me for further assistance or to discuss your case in detail.

Best regards,

Mohammed Salah

Legal Consultant

Dear questioner,

Yes, you can either open a new case or request a revision of the decision, providing evidence to support your health condition.

If you need further assistance, kindly share your WhatsApp number.

You can open a new case to enforce child support if your financial situation has worsened and your health has deteriorated due to chronic kidney disease.

Under UAE law, you can open a new case if your financial or health situation has changed.

You should provide medical and financial documentation to support your case for modifying the child support ruling based on your current circumstances.

For further details, feel free to contact us via WhatsApp. We specialize in these matters and are ready to provide full support.

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

You can open a new child support modification case due to your changed financial situation and chronic kidney disease.

File a written request with the court or child support agency, providing evidence of your illness and its impact on your income.

Document your current finances, including medical costs. Be prepared to demonstrate how these changes affect your ability to pay.

The court will consider the child's best interests alongside your health and financial circumstances. Consider consulting with us for guidance.

Thanks & Regards,

ABDUL WAHIED

Dear Sir,

Greetings of the day!

Yes, you can file a new application or request for modification in the existing child support execution case if your financial and health situation has significantly changed.

The UAE Personal Status Law provides provisions for revising support orders when there is a material change in circumstances.

Under UAE law, child support (nafqa) is calculated based on the financial capacity of the parent and the needs of the child.

If your financial capacity has diminished due to health issues (chronic kidney disease) or a significant reduction in income:

1. File a Petition for Reduction in Child Support:

Submit a request to the Personal Status Court to reduce your child support obligations, citing your current financial and health conditions.

2. Include Supporting Evidence:

Provide detailed documentation to substantiate your claims, such as:

- Medical reports and diagnosis of chronic kidney disease from certified medical authorities.

- Proof of ongoing medical expenses and treatment costs.

- Bank statements, salary slips, or any other documents showing your reduced income.

- Any other debts or financial obligations impacting your ability to pay.