Reconsideration of mother and child's maintenance by UAE courts

family law

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March 22, 2021

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In 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 is the amount for expenses decided by the courts according to the following guidelines: 

  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. 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. 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 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 Be Husband Net Income
700-1000 Less than 5,000
800-1200 5,000-10,000
1200-1500 10,000-20,000
1500-2500 20,000-30,000
2500-3000 30,000-50,000
3000-5000 50,000-70,000
5000 and more More than 70,000
   
Child Support Could Be Net Income
500-1000 Less than 5,000
600-1000 5,000-10,000
1000-1400 10,000-20,000
1400-2000 20,000-30,000
2000-2500 30,000-50,000
2500-4000 50,000-70,000
4000 and more More than 70,000
   
Net Income Housemaid Visa Cost  (Every 2 years) Housemaid Salary  Could Be (monthly) Foster’s wage 
Working Not working
Not less than 5,000 - - 150-200 200-250
5,000-10,000 - - 250-400 400-500
10,000-20,000 6000 900 500-600 600-700
20,000-30,000 10000 1000 700-800 800-900
30,000-50,000 12000 1200 1000-1200 1200-1400
50,000-70,000 15000 1500 1200-1400 1400-1500
More than 70,000 18000 1500 1400-1500 Not less than  1500
   
Net Income Transport Expense
Transport Expense  monthly  Driver Visa Cost  Every 2 years Driver salary  monthly Vehicle for one time Vehicle Fuel  Monthly 
Less than 5,000 To not exceed 200 - - - -
5,000-10,000 To not exceed 300 - - - -
10,000-20,000 To not exceed 500 - - - -
20,000-30,000 To not exceed 800 - - - -
30,000-50,000 To not exceed 1200 - - - -
50,000-70,000 - 1000 2000 50000-80000 To not exceed 500
More than 70,000 - 15000 2500 100000-250000 To 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.

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