Quick Answer
Child maintenance in the UAE covers the basic and necessary expenses required for a child’s welfare and development. According to the source article, this includes food, clothing, housing, utilities, education, healthcare, treatment, and certain official-document costs. Under Federal Decree-Law No. 41 of 2024, the father is primarily responsible for maintenance, subject to the child’s needs, the family’s circumstances and the father’s financial ability. The obligation continues according to the child’s age and ability to earn.
What Expenses Are Included in Child Maintenance?
Food and Clothing
Under Article 95 of Federal Decree-Law No. 41 of 2024, maintenance includes food and clothing. The source article states that the support should be sufficient for healthy food and suitable clothing and should reflect local customs and the family’s social level.
Housing and Living Costs
The source article states that maintenance may include the rent of the custodian’s home and essential utilities such as water and electricity. This does not apply where the custodian owns suitable housing or where the husband has already provided suitable accommodation.
Article 119 is cited for the court’s power to order housing rent that covers the children’s accommodation with the custodian.
Education and Educational Guardianship
The article states that education and care expenses form part of child maintenance. It also explains that the custodian’s role must not conflict with the guardian’s rights.
The source article states that the custodial mother is given educational guardianship, allowing her to follow the child’s education and ensure that school decisions serve the child’s best interests.
Healthcare and Treatment
Under Article 95, the article states that the father bears medical costs, including check-up fees, medicines, surgeries, and health insurance subscriptions.
Official Documents and Identity Papers
The source article includes the costs of issuing and renewing official identity documents such as passports, national identity cards, residence permits, and visas.
It also states that under Article 124, the custodian may retain these documents for the child’s day-to-day affairs, but may not use them to travel with the child without the guardian’s consent or the court’s permission.
Who Pays Child Maintenance in the UAE?
Under Article 106 of Federal Decree-Law No. 41 of 2024, the father is primarily responsible for child maintenance whether the parents remain married or are separated, and regardless of who has custody.
The source article also states that the father’s duty may continue for an adult son who cannot earn a living because of a disability, and for a daughter who is divorced or widowed where she has no sufficient income or assets.
If the father is absent, lacks sufficient funds or is unable to pay, the article states that the obligation may fall on a solvent mother, who may recover what she paid once the father becomes financially able where the expenditure was authorized by him or by the court.
How Long Does Child Maintenance Last?
- For a daughter: The article states that maintenance generally continues until she marries or begins working.
- For a son: It generally continues until he reaches an age at which he can earn a living, with possible continuation while he pursues his studies successfully.
- Adult son unable to earn: Maintenance may continue where he cannot earn because of a disability.
- Divorced or widowed daughter: The article states that the father may remain responsible where she has no sufficient income or assets of her own.
Understand Which Expenses Your Child Maintenance Claim Can Include
Speak with Faris Raian about school fees, medical expenses, housing costs and the documents needed to support your child’s monthly budget.
Muslim and Non-Muslim Families: What Changes?
The source article explains that Federal Decree-Law No. 41 of 2024 applies to Muslim family matters, while non-Muslim families may fall under Federal Decree-Law No. 41 of 2022 unless another applicable law is chosen under the relevant rules.
For Muslim families, the article states that the father is primarily responsible for maintenance, with the mother potentially becoming responsible where the father is unable to pay.
For non-Muslim families, the source article states that the father bears children’s education, healthcare, housing and general living costs, and that maintenance is not automatically tied to custody.
Can Past Child Maintenance Be Claimed?
Under Article 111, the source article states that a claim for past child maintenance cannot cover more than one year before the date the case is filed.
The article also distinguishes ongoing maintenance awarded from the filing date as a privileged debt from maintenance relating to an earlier period, which it describes as an ordinary debt.
What If the Father Does Not Pay?
The article explains that where maintenance is not paid during the marriage, the wife may apply to the competent court. Under Article 77, the court may give the husband up to 30 days to pay, or up to 90 days where he proves inability to pay.
Once a maintenance order has been issued, the article states that enforcement may proceed under the Civil Procedure Code. Depending on the circumstances, the enforcement measures identified in the source include a travel ban or detention order.
Can the Maintenance Amount Be Changed?
The source article states that an increase or decrease may be requested if financial or economic circumstances change. It states that one year generally must pass from the final judgment unless exceptional circumstances apply.
How Faris Raian Can Assist
Faris Raian can assist with UAE child maintenance matters involving the calculation of monthly support, school and medical expenses, housing costs, claims for past maintenance, enforcement of unpaid orders and applications to increase or reduce maintenance. The appropriate claim depends on the legal framework, the child’s needs and the evidence of the payer’s financial circumstances.
Frequently Asked Questions
Is the father required to pay private school fees?
According to the source article, yes where private schooling reflects the family’s usual education level and remains within the father’s financial ability.
Does child maintenance cover housing for the custodian?
The source article states that child maintenance may include the custodian’s housing rent and utilities unless the custodian owns suitable housing or suitable housing is already provided.
Can child maintenance be modified after a court judgment?
Yes. The article states that an increase or decrease may be requested when financial or economic circumstances change, subject to the timing rules described in the source.
How far back can unpaid child maintenance be claimed?
The source article states that a claim for past child maintenance is limited to one year before the filing date.
Does child maintenance stop if the mother remarries?
No. The source article states that child maintenance is an independent right of the child and is not ended by the custodian’s remarriage.
Key Takeaway
Child maintenance in the UAE is broader than a single monthly payment. It may cover food, clothing, housing, education, healthcare, and other necessary expenses connected with the child’s welfare. The amount and duration depend on the child’s needs, the responsible parent’s financial ability and the legal framework applying to the family.
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