UAE law sets no fixed percentage for child maintenance. Under Federal Decree-Law No. 41 of 2024 on the Personal Status Law, a father must maintain a child who has no money of their own (Article 106). Maintenance covers food, clothing, housing, medical treatment and education according to custom (Article 95). The court sets the amount by looking at the payer's means, the child's situation and economic conditions (Article 96). Non-Muslims follow similar civil rules, and unpaid maintenance is enforced through the execution judge.
Who this guide is for
This guide is for separated or divorced parents in the UAE who want to understand how child maintenance (nafaqa) is decided, what evidence helps, and what to do if payments stop. It covers Muslim and non-Muslim families. It does not predict amounts. For the difference between custody and guardianship, see child custody for expats: key concepts.
What maintenance covers and how it is assessed
What it covers. Under Article 95 of the 2024 law, maintenance includes necessities and basic needs: food, clothing, housing, medical treatment and education, judged by custom.
How much. Under Article 96, the court considers the payer's means, the situation of the person being maintained and economic conditions at the time and place. Maintenance may be paid in cash. The law gives factors, not a formula. The decree issuing the law also provides for the judicial authorities to issue a guide on estimating maintenance amounts, so ask the court whether one applies to your case.
Who pays and until when. Under Article 106, the father maintains a child who has no money until a daughter marries or starts earning, and until a son reaches the age at which his peers earn a living, or longer if he is still studying and making normal progress, as the court assesses. A father also maintains an adult child who cannot earn because of disability. If the father is missing or cannot pay, a mother with means must pay, and she can later recover the amount from him if he becomes able to pay and the spending was with his or the court's permission.
Housing for the custodian. Under Article 119, whoever must maintain the child also pays for the custodian's housing, unless the custodian owns or has a home for her own use. The judge can order a housing amount that covers housing the children with her.
Temporary maintenance. Under Article 100, while a maintenance case is pending, the court can order temporary maintenance for the wife and children at the wife's request. The order is enforceable straight away.
Changes later. Under Article 97, maintenance can go up or down if circumstances change. An increase cannot be backdated more than six months, and a reduction runs from the judgment. A request to change it is not heard within one year of the maintenance judgment becoming final, except in exceptional circumstances.
Past periods. Under Article 111, a claim for a child's maintenance cannot go back more than one year before the court claim was filed.
Non-Muslim parents: the civil rules
| Regime | Who pays | How the court decides |
|---|---|---|
| Federal civil law (Federal Decree-Law No. 41 of 2022, with Cabinet Resolution No. 122 of 2023) | The father, after divorce, covers education, residence fees, medical treatment and the daily or periodic costs he paid before the divorce, unless the marriage contract says otherwise (Resolution Article 11) | The court has discretion, can rely on an accounting expert's report, can impose financial penalties for non-payment, and must secure a decent living without going beyond the father's means (Article 12). The father also pays the mother a housing allowance during joint custody unless the court decides otherwise (Article 8). |
| Abu Dhabi civil law (Law No. 14 of 2021, with Resolution No. 8 of 2022) | The father, after divorce, covers education, residence fees, treatment and other expenses he provided before the divorce (Resolution Article 23) | The court estimates the amount and any penalties, based on the accounting expert's report, without going beyond the father's means (Resolution Article 24). |
Under both civil regimes, a parent who gives up joint custody is not released from financial obligations to the children (Cabinet Resolution No. 122 of 2023, Article 15; Resolution No. 8 of 2022, Article 30).
Building an expense schedule
Courts decide on evidence. A clear monthly schedule of the child's costs, with proof, helps the judge and the accounting expert. Include:
- School fees, transport, uniforms, books and activities, with invoices
- Rent or housing costs, and utilities where claimed
- Medical and dental costs, insurance premiums and regular medicines
- Food, clothing and household costs, with sample receipts
- Childcare or nanny costs, if relevant
- Each parent's income: payslips, contracts, bank statements and business records
Keep one row per cost, with the amount, how often it is paid and the document that proves it. The evidence checklist builder can turn this into an indexed file.
Enforcing unpaid maintenance
Maintenance judgments have strong enforcement tools under the Civil Procedure Code (Federal Decree-Law No. 42 of 2022):
- Immediate enforcement. Judgments on maintenance, and on increasing or reducing it, are enforceable by law even if appealed (Article 215).
- Timing. Personal status judgments are enforced after 7 days from notification of the enforcement document (Article 231).
- Priority. Continuing maintenance owed from the date the claim was filed ranks ahead of other debts (Article 98 of the 2024 Personal Status Law).
- Imprisonment. The execution judge may order a debtor imprisoned for refusing to pay, unless he proves he cannot pay (Article 319). Some exemptions, such as debts under AED 10,000 or a debtor who is the creditor's spouse or parent, do not apply to established maintenance (Article 321).
- Travel ban. The AED 10,000 minimum for a creditor's travel ban request does not apply to established maintenance (Article 324).
For how execution files work in practice, see enforcing a court judgment in the UAE.
Step by step
- Identify your law and court. Religion, emirate and any civil marriage decide which rules apply.
- Build the expense schedule. List every cost with proof.
- Gather income evidence. Collect what you have on both parents' income.
- Try to agree. A written agreement approved by the court is easier to enforce.
- Use family guidance where required. Muslim family cases may be referred to guidance first.
- File the claim. Ask for temporary maintenance if you need support while the case runs.
- Keep payment records. Log every payment and missed payment.
- Enforce if payments stop. Open an execution file with the court.
Documents checklist
- Children's birth certificates, passports and Emirates IDs
- Marriage certificate and any divorce judgment
- Any settlement, parenting or marriage agreement
- School, medical and housing invoices
- Both parents' payslips, contracts and bank statements, where available
- A log of payments received and missed
- Legal translations of non-Arabic documents where the court requires them
Common mistakes
- Expecting a fixed percentage. The law uses factors, not a formula.
- Claiming without proof. Unproven costs are hard for the court to include.
- Waiting too long. Past child maintenance can only be claimed for one year back.
- Stopping payments during a dispute. Unpaid maintenance can lead to execution steps.
- Assuming giving up custody ends support. It does not end financial obligations.
When to speak to a licensed lawyer
Speak to a licensed family lawyer if income is hidden or irregular, if a parent lives abroad, if there are several children or high school fees, or if you are facing enforcement. Advice also helps if you are unsure which law applies. The free case check can help you set out the facts first, and CaseDaleel can introduce an independent licensed professional only if you choose.
Frequently asked questions
Is there a percentage of salary for child support in the UAE?
No, the laws list factors such as the payer's means and the child's needs, and the court sets the amount case by case.
What does child maintenance cover?
Under the 2024 law it covers food, clothing, housing, medical treatment and education according to custom.
Until what age does a father pay?
Under the 2024 law, until a daughter marries or earns and a son can earn a living, with longer support for a son who is still studying and for any child unable to earn because of disability.
Do non-Muslim fathers have to pay school fees?
The civil rules say the father covers education, residence fees, treatment and the other costs he paid before the divorce, unless agreed otherwise.
Can I claim maintenance for past months?
Under the 2024 law, a claim for a child's maintenance can only go back one year before the court claim.
What happens if the other parent stops paying?
You can enforce the judgment through the execution judge, who has tools including imprisonment and travel bans for established maintenance.
Official sources
- UAE Legislation — Federal Decree-Law No. 41 of 2024 on the Personal Status Law
- UAE Legislation — Cabinet Resolution No. 122 of 2023 on the executive regulation of the Civil Personal Status law
- Abu Dhabi Judicial Department — Abu Dhabi Law No. 14 of 2021 and Resolution No. 8 of 2022 (PDF)
- UAE Legislation — Federal Decree-Law No. 42 of 2022 issuing the Civil Procedure Code
- Abu Dhabi Judicial Department — Family Guidance
General information, not legal advice. CaseDaleel is not a law firm.