The UAE law states that after a divorce, the father is obligated to provide child support for his children, under both Muslim law and non-Muslim law. Similarly, the husband may be ordered by the court to make payments to the wife in the form of alimony, unpaid maintenance, compensation, etc. Although these court ordered payments are compulsory, there may be instances where the payments are not carried out by the husband. In this article, we will understand the steps that will be undertaken by the court to ensure that court ordered child support and maintenance payments are made by the father.

What are the various heads under which child support payment is ordered by the court?

The UAE family law for Muslims clearly lists out the heads under which the father is to provide child support for his children before and after a divorce. Article 95 of Federal Decree Law No. 41 of 2024 (“Personal Status Law”) states that maintenance includes basic necessities such as food, clothing, shelter, medical care, and education. Consequently, in child support disputes, courts may order fathers to pay towards general expenses like food and clothing categorized as child support. Additionally, the court may also order payment of the rent for the house occupied by the children, tuition fees, transportation expenses, and health insurance. Furthermore, courts may also order the father to bear the expenses for domestic help if there is proven necessity for the same.

What are the various heads under which the wife receives alimony from the husband after a divorce?

Under Article 99 of the Personal Status Law, it is obligatory for the husband to provide for maintenance of the wife during the course of their marriage. This maintenance includes all the basic necessities under Article 95. However, this obligation ends with the dissolution of the marriage contract. Nevertheless, the court may order payment to the wife under various heads as listed below:

  1. Payment of backdated expenses for up to two years under Article 99(3): if the husband has not provided for the wife during the course of their marriage, the court may order the husband to pay the backdated expenses for up to two years. It is pertinent to note that a woman may be disqualified from receiving maintenance under ‘backdated expenses’ as per Article 103 of the Personal Status Law if it is proven that she refused to carry out her marital duties towards her husband.
  2. Payment of alimony and housing for the waiting period under Article 101: the court may order the husband to pay a rental allowance and maintenance for the waiting period depending on the type of divorce and whether the wife is pregnant.
  3. Payment of divorce compensation under Article 102: the husband may be ordered to pay compensation to the wife if the marriage was consummated and the divorce is at the sole discretion of the husband and without any request or fault from the wife.
  4. Temporary Alimony: The court may also order the payment of temporary alimony for the maintenance of the wife and children during the course of the divorce proceedings.

Child support and Maintenance Under non-Muslim Laws

The non-Muslim family laws, namely Federal Decree Law No. 41 of 2022 (“Civil Status Law”) and Abu Dhabi Law No. 14 of 2021 (“Abu Dhabi Law”), are based on common law principles such as equality between genders and equal custody rights over children. Therefore, husbands and wives have equal responsibilities towards each other and towards their children. Nevertheless, if the wife is unable to support the children, the court may order the husband to provide maintenance for the children in the form of child support. The court may also order the husband to pay alimony after a divorce, after determining the following factors:

  1. The duration of marriage
  2. The age of the wife
  3. The financial status of the parties
  4. The contribution of each party towards the decision for divorce
  5. Moral or financial damages caused by either party
  6. Custody expenses for up to two years after a divorce
  7. Diligence of the wife in her role as the mother of the children

Bridging the gap between Court Judgements and enforcement

The Execution Department of the Personal Status Courts deals with the execution of judgments in family matters. When a party seeks to enforce a personal status court judgment, then they need to register an execution case before the Execution Court. Once an execution case is opened, the court notifies the husband to make payment as per the court notification within the specified period mentioned in the notice. In case of non-payment of child support and alimony by the husband, the execution applicant, who is the party enforcing the judgment, may request the Execution Court to attach and transfer funds based on investigation through central bank investigation and attachment of the husband’s file to block any transaction with the departments such as road transport authority, land department, and economic department, request for a travel ban on the husband, and also an arrest warrant can be issued if the judgement is not complied with.