Reconsideration of mother and child’s maintenance by UAE courts


Any individual who refuses to pay alimony to his spouse, any of his relatives or legal dependents, or the guardian or foster-salary mother's or rent of a house after three months from the day on which he has been warned to pay, shall be punished by imprisonment for a period of not more than one year and a fine of not more than ten thousand Dirhams, or a combination of the two.

Additionally, the Civil Code states in Article 272 states, if one of the parties to a bilateral contract fails to fulfill his contractual obligations, the other party may demand, in court, the performance of the contract or its revocation after serving a formal notification on the debtor. In all situations, if judged reasonable, the judge may mandate immediate specific performance of the contract or provide the debtor specified additional time to perform the contract. A judge may also issue a termination and compensation order.

In Article 63/1 of the UAE Personal Status Law, it is the husband's obligation to offer maintenance support to his wife, which includes but is not limited to food, clothing, shelter, domestic help, medical expenditures, and so on. If the wife can prove that the husband refused to give her maintenance support, such payments will instantly become a debt owed to the husband, beginning on the date the husband refused to furnish the maintenance assistance. However, the total expenses imposed against the husband must not exceed 60% of his net income, with the court having the discretion to consider all or part of the debtor not to consider it at all. According to Article 67 of the UAE Personal Status Law, a woman may seek repayment from her husband for up to three years of postdated costs. It is also worth noting that Article 63/2 of the same statute clarifies that maintenance is based on the husband's financial capabilities. The legislation further stipulates that maintenance must not fall below acceptable basic living standards in light of the economic situation at the time. Furthermore, as per Article 68 of the UAE Personal Status Law, temporary child support may be requested until the matter is resolved. As a result, the wife could file a complaint with the help of family lawyers to the Family Guidance Department and follow up on it until the case is taken to court. The court has the authority to review the facts on file and make a judgment on the wife's maintenance claim.

Furthermore, as stated in Article 67, the wife is also entitled to seek payment from the father for child support. Article 78(1) states that the father is responsible for the children's upkeep if the child has no financial resources. Girls must be cared for until they marry, and males must be cared for until they achieve adulthood. Alimony claims for a period of more than three years prior to the filing of the action will not be heard unless it is imposed by mutual consent.

 

Furthermore, according to article 148 of UAE Federal Law Number (28) of 2005, if you own your home and live there, you will not be able to claim damages from your ex-husband for house rent or compensation for house rent. You do, however, have the right to claim all other legal financial benefits from him, such as expenses for the child's food, clothes, schooling, transportation, and a salary for child care, among others.

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