Reconsideration of mother and child's maintenance by UAE courts

At the beginning of 2021, the Dubai Courts issued Decision No. 3 of 2021, organizing the application of personal status matters. This decision has significant and amazing changes, which we thought might draw the attention of many readers interested in UAE family matters. One of the most significant changes in the amount for expenses decided by the courts according to the following guidelines:

1. 1. The total expenses decided against the husband shall not exceed over 60% of his net income, keeping in mind that the court has the right to consider some or part of the debt or not to consider it.
2. 2. The custodian mother shall have the right to get housing allowances, unless she has her own house where she lives in or if there is a house nominated for her use, however, she may still claim housing allowances if her house or the nominated house does not cover the child’s needs or not suitable enough or if keeping the house might affect the best interest of the child.
3. 3. In the event the child has their own house that they live in, then the housing allowance may not be paid.
4. The custodian shall not have the right to get a housing allowance from the guardian if they have a house ready for use even if the house is under mortgage, as long as they have different sources of income to cover the mortgage.
5. The custodian mother shall not have the right to get allowances if the house is suitable for her and the child.
6. If the custodian mother married after being divorced, even with the custody after such second marriage to a third party, or if the father had not claimed the custody on the basis of such marriage, and she is living with the new husband, this will be taken into consideration for the housing allowance.
7. The Judge shall consider the DEWA and internet and other basic needs along with the custodian housing allowance.
8. The housing allowance shall be suitable in light of the father’s income, the number of kids, and the marital home previously used for the marriage.
9. The custodian mother shall not receive education expenses if she was receiving such allowances from her work as the allowances covers the education and the bus.

The Dubai Courts issued guideline tables for the expenses, which might be decided in favor of the wife based on the husband’s income. It is important to bear in mind that the decision indicates the following amounts as a guideline, but not mandatory to follow.

For example, if the wife is claiming personal maintenance for herself, the amount could be decided by the following:

Decided Claim Could BeHusband Net Income700-1000Less than 5,000800-12005,000-10,0001200-150010,000-20,0001500-250020,000-30,0002500-300030,000-50,0003000-500050,000-70,0005000 and moreMore than 70,000 Child Support Could BeNet Income500-1000Less than 5,000600-10005,000-10,0001000-140010,000-20,0001400-200020,000-30,0002000-250030,000-50,0002500-400050,000-70,0004000 and moreMore than 70,000 Net IncomeHousemaid Visa Cost (Every 2 years)Housemaid Salary Could Be (monthly)Foster’s wage WorkingNot workingNot less than 5,000--150-200200-2505,000-10,000--250-400400-50010,000-20,0006000900500-600600-70020,000-30,000100001000700-800800-90030,000-50,0001200012001000-12001200-140050,000-70,0001500015001200-14001400-1500More than 70,0001800015001400-1500Not less than 1500 Net IncomeTransport ExpenseTransport Expense monthly Driver Visa Cost Every 2 yearsDriver salary monthlyVehicle for one timeVehicle Fuel Monthly Less than 5,000To not exceed 200----5,000-10,000To not exceed 300----10,000-20,000To not exceed 500----20,000-30,000To not exceed 800----30,000-50,000To not exceed 1200----50,000-70,000-1000200050000-80000To not exceed 500More than 70,000-150002500100000-250000To not exceed 1000

The above tables shall be reevaluated by the courts every two years and shall not be considered as a reason to file a second case in regards to increasing the expenses by the wife nor be used for filing a second case by the husband asking for a deduction of what has been decided by the court in the previous case. However, it may be used as an argument for the first family case.

It is important to highlight that as per Article No. 2 of Decision No. 3 of 2021, that the context of this decision is issued for the sake of guidance and not mandatory to be applied and shall be considered in each undecided procedure or case, before the date of the decree’s issuance.

Dr. Hassan Elhais is a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos and consultation on litigation of all manner.