The Fundamental Rule: Father Pays, Regardless of Custody

The most important thing to understand about child support in UAE: the father's obligation to maintain his children exists regardless of who has custody.

Under Article 106 of the Muslim personal status law, and in Abu Dhabi civil cases under Article 23 of the 2022 Regulation, the father carries the children's maintenance. If the mother has custody, the father pays maintenance to cover the children's needs. If the father has custody, the costs fall on him directly. Custody and maintenance are two separate legal questions: custody runs to 18 (Article 123), while maintenance follows its own rules set out below.

Art. 106 the father maintains a child who has no money of their own
1 year how far back a claim for a child's past maintenance can reach (Art. 111)
Privileged maintenance due from the filing date ranks ahead of other debts (Art. 98)

How Child Support Is Set in the UAE

Child support in the UAE is set by the court case by case, not by a formula. For Muslim families, and for other residents whose case runs under Federal Decree-Law No. 41 of 2024, the father pays for a child who has no money of their own (Article 106), the maintenance covers food, clothing, housing, medical treatment and education according to custom (Article 95), and the judge sizes it to the father's means, the child's condition and the economic situation of the time and place (Article 96). The table sets out the rules that decide who pays, for how long and how much.

Question
The rule
Where it comes from
Who pays
The father, for a child without money of their own. If the father is missing or unable, a solvent mother pays and can claim it back from him later.
Article 106
Sons
Until he reaches the age at which his peers earn a living; longer while he is a student progressing normally, for the period the court estimates. An adult son who cannot earn because of a disability stays on the father.
Article 106
Daughters
Until she marries or works. A divorced or widowed daughter goes back on the father unless she has property, works or someone else maintains her.
Article 106
What it covers
Food, clothing, housing, medical treatment and education, according to custom. The father also pays to obtain and renew the child's identity documents.
Articles 95 and 124
How much
Based on the payer's means, the condition of the child and the economic situation of the time and place. It may be ordered in cash, and providing property in kind or a benefit can take the place of payment.
Article 96
Changing the amount
It can go up or down when circumstances change. An increase is not backdated more than six months; a decrease runs from the ruling; no change is heard within one year of the ruling becoming final except in exceptional circumstances.
Article 97
Priority
Maintenance falling due from the filing date is a privileged debt, ranking ahead of the father's other debts. Arrears from before filing are an ordinary debt.
Article 98
Back pay
A claim for a child's past maintenance against the father is not heard for more than one year before the date of the claim.
Article 111
While the case runs
On the wife's request, the court may order temporary alimony for her and her children during the hearings, enforceable immediately by force of law.
Article 100

What this means for you in practice

Two of these rules reward filing early. Because maintenance is only a privileged debt from the filing date (Article 98), and because past child maintenance cannot be claimed for more than one year back (Article 111), every month you wait can cost you. A worked example: if the father stopped paying in January 2026 and you file in October 2026, the whole unpaid period falls inside the one-year window; if you wait until March 2027, the months before March 2026 are out of reach. The one-year lock in Article 97 cuts both ways: once a ruling is final, neither parent can normally ask to change the amount for a year, so put your full evidence of costs in the first time.

Temporary child support while the case is heard

You do not have to wait for the final judgment. Under Article 100 of Federal Decree-Law No. 41 of 2024, the court may decide, during the hearings of the maintenance case and at the wife's request, to award temporary alimony for her and her children against the respondent, and that decision is enforceable immediately by force of law. Urgent and temporary maintenance requests are also exempt from referral to Family Guidance (Article 8). Our guide to temporary alimony in the UAE covers how to ask for it and what evidence the court looks at.

Non-Muslim parents

In the federal civil law for non-Muslims, Federal Decree-Law No. 41 of 2022, the post-divorce money rules we have verified are framed around the wife's claims. Under Article 9 she applies for alimony after the divorce judgment and the judge decides on listed factors such as the years of marriage, her age and each spouse's finances as found by an accounting expert. Under Article 10 of Cabinet Resolution No. 122 of 2023, a divorcee can ask for temporary alimony until her financial rights are decided, on documents showing both spouses' monthly income and the last six months of bank statements; the request can be refused if she has a job or fixed income that covers her basic needs. Article 6 of the same Resolution lists care of the children among the criteria for post-divorce compensation.

In Abu Dhabi the rules for children are spelled out. Article 23 of the 2022 Regulation under Abu Dhabi Law No. 14 of 2021 obliges the father to spend on his children after the divorce, including education, residence fees, treatment and the other daily or periodic expenses he was providing before the divorce. Under Article 24 the court estimates the amount, can increase or decrease it, and can set financial penalties for non-compliance, using the accounting expert's report so that the children have a decent living without burdens beyond the father's means. Article 19 adds a housing allowance for the mother during joint custody; our guide to alimony in Abu Dhabi covers the mother's own claims. Outside Abu Dhabi, ask a lawyer which provisions the court will apply to the children's costs in your case; non-Muslims may also agree to apply other UAE family legislation (Article 1 of the 2022 federal law).

Child's hand in parent's hand, child support UAE

What Child Support Covers in UAE

UAE courts assess child support as a package covering the child's reasonable needs, not just basic subsistence. Article 95 names the core items; the rest is argued case by case:

Food & clothing

In the law

Article 95 of Federal Decree-Law No. 41 of 2024 defines maintenance as food, clothing, housing, medical treatment and education according to custom. “According to custom” means the court looks at what is normal for a family in your situation, not a bare minimum.

School fees & education

In the law

Education is named in Article 95. In Abu Dhabi civil cases, Article 23 of the 2022 Regulation also names education among the costs the father must keep paying after the divorce. Which school, and at what cost, is argued on the father’s means and the child’s situation (Article 96).

Medical treatment

In the law

Medical treatment is part of maintenance under Article 95, and treatment is listed in Article 23 of the Abu Dhabi Regulation. Bring invoices and any insurance details so the court can see the real cost.

Housing

In the law

Housing is part of maintenance under Article 95. In Abu Dhabi civil cases, Article 19 of the 2022 Regulation obliges the father to pay the mother a housing allowance, in kind or cash, for the duration of joint custody unless the court decides otherwise, and the court may exempt him in whole or part if she can afford suitable housing.

Identity documents

In the law

Under Article 124 the father pays to obtain and renew the child’s identity documents. The custodian keeps them, but may not use them for travel without the permission of the guardian or the court.

Domestic help & activities

Case by case

A nanny, tutoring, sport or music lessons are not named in the law. They are argued case by case under the “according to custom” test (Article 95) and the father’s means (Article 96). In Abu Dhabi civil cases, Article 23 covers other daily or periodic expenses the father was paying before the divorce.

How UAE Courts Calculate Child Support

There is no formula or percentage in the law. Article 96 tells the judge what to weigh, and these are the factors that follow from it:

The father’s means

Article 96 puts the payer’s means first. Expect the court to look at salary certificates, bank statements and business income; in Abu Dhabi civil cases the court relies on an accounting expert’s report on both parents’ finances (Regulation Article 24).

Primary

The child’s condition and needs

Article 96 also looks at the condition of the person being maintained: age, schooling, health and any special needs. Evidence of real costs (fee invoices, medical bills, rent) matters more than estimates.

High

Cost of living at the time and place

Article 96 refers to the economic situation of the time and place. Living costs in the emirate where the child lives are part of the assessment, and a later change in them can support a request to vary the amount (Article 97).

High

What the child had before

For Muslim families the test is custom (Article 95). In Abu Dhabi civil cases, Regulation Article 23 ties the duty to the education, residence fees, treatment and other daily or periodic expenses the father was providing before the divorce.

Medium

Number of children

Each child is entitled to maintenance, and the total still has to fit the father’s means (Article 96). There is no per-child percentage in the law.

Medium

The mother’s finances

The duty sits with the father. A solvent mother pays only if the father is missing or unable, and can claim it back from him later (Article 106). In Abu Dhabi civil cases her solvency can reduce or remove the housing allowance (Regulation Article 19).

Low

How Long Does Child Support Last?

The duration of child support in UAE depends on whether the child is a son or a daughter, on study and on disability, under Article 106. It is not tied to custody: custody runs to 18 (Article 123), and from 15 the child may choose which parent to live with unless the child's interest requires otherwise (Article 122), while maintenance can continue after 18 or stop before it.

Who
Support Duration
Notes
Sons
Until he reaches the age at which his peers earn a living
Article 106 sets no fixed age; the court judges it. Custody, meaning who the child lives with, is a separate question and runs to 18 (Article 123).
Sons who are students
Longer, while he studies and progresses normally
Article 106 lets the court extend maintenance for a son who is still a student and progressing normally, for the period the court estimates.
Daughters
Until she marries or works
A divorced or widowed daughter goes back on her father’s maintenance unless she has property, works or someone else maintains her (Article 106).
Adult son with a disability
While he cannot earn
An adult son who cannot earn a living because of a disability stays on the father’s maintenance (Article 106).

How to Claim Child Support in UAE

  1. File at the Personal Status Court in the right emirate

    A maintenance claim brought for children or by a custodian can be filed at the court where the claimant or the respondent lives, works or has the marital home (Article 3). You can file a standalone child support claim; you do not need to be in the middle of divorce proceedings, though the two are often filed together. If the father is a foreign national with no home in the UAE, Article 4 still lets UAE courts hear a maintenance claim for a wife or minor child who lives here.

  2. Gather financial evidence

    The court needs evidence of the father's income (salary certificate, bank statements, business records) and evidence of the child's current costs (school fee invoices, medical bills, rent, tuition receipts). The more documentation you have, the stronger your case.

  3. File the nafaqa claim and ask for temporary support

    You or your lawyer submit the maintenance claim (nafaqa al-awlad) with supporting documentation. Ask at the same time for temporary maintenance: under Article 100 the court may award it for the mother and children during the hearings, and it is enforceable immediately.

  4. Court hearing and judgment

    Both parties present their financial positions. The judge sets a monthly amount and issues a formal judgment. Either side can appeal within 30 days (Article 9 of Federal Decree-Law No. 41 of 2024), and the amount can later be varied only on changed circumstances (Article 97).

  5. Enforce the order if payments stop

    If the father stops paying, apply to the execution judge to enforce the order or judgment. Our unpaid alimony enforcement guide explains the measures available. Act quickly rather than waiting and hoping payments resume: arrears are only privileged from the filing date (Article 98).

Need help filing a child support claim?

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Frequently Asked Questions

How much is child support in UAE?

There is no fixed amount and no percentage in the law. Under Article 96 of Federal Decree-Law No. 41 of 2024 the court estimates maintenance from the father’s means, the child’s condition and the economic situation of the time and place, and Article 95 says it covers food, clothing, housing, medical treatment and education according to custom. Figures you see quoted online as a “typical percentage” are not in any UAE statute; the amount in your case depends on the evidence of income and costs you put before the court.

Does the father pay child support if the mother has custody?

Yes. Under Article 106 of Federal Decree-Law No. 41 of 2024 the father maintains a child who has no money of their own, whoever the child lives with. If the mother has custody, the father pays maintenance for the children’s needs. Only if the father is missing or unable to pay does the duty fall on a solvent mother, and she can then claim it back from him later.

At what age does child support stop in UAE?

The law does not use a single age. Under Article 106 a son is maintained until he reaches the age at which his peers earn a living, longer while he is a student progressing normally, and for as long as a disability stops him earning. A daughter is maintained until she marries or works, and goes back on her father’s maintenance if she is later divorced or widowed without property, work or other support. Custody is a separate question: it runs to 18 (Article 123).

What if the father refuses to pay child support in UAE?

File the claim without delay. Maintenance that falls due from the date you file is a privileged debt that ranks ahead of the father’s other debts (Article 98), and a claim for a child’s past maintenance cannot go back more than one year before you file (Article 111). Once there is an order or judgment and it is not paid, you apply to the execution judge, who can use the enforcement measures in our unpaid alimony enforcement guide. A UAE-licensed lawyer can tell you which measures fit your case.

Is child support different for non-Muslim expats in UAE?

The framework is different. The federal civil law for non-Muslims, Federal Decree-Law No. 41 of 2022, deals with the wife’s alimony after the divorce judgment (Article 9), and Cabinet Resolution No. 122 of 2023 lets a divorcee ask for temporary alimony until her financial rights are decided (Article 10). In Abu Dhabi, the 2022 Regulation under Abu Dhabi Law No. 14 of 2021 is specific: the father must keep paying the children’s education, residence fees, treatment and other daily or periodic expenses he was providing before the divorce (Article 23), and the court sets the amount from an accounting expert’s report (Article 24).

Can child support be increased after it is set?

Yes, if circumstances change. Under Article 97 of Federal Decree-Law No. 41 of 2024 maintenance can be increased or decreased when circumstances change. An increase cannot be backdated more than six months, a decrease runs from the ruling, and no claim to change the amount is heard within one year of the ruling becoming final except in exceptional circumstances. Typical reasons are a change in the father’s income or a rise in the child’s needs, such as new school fees or a medical condition.

Can I claim child support for months that have already passed?

Only for a limited period. Article 111 of Federal Decree-Law No. 41 of 2024 says a claim against the father for a child’s past maintenance is not heard for more than one year before the date of the claim. If the father stopped paying in January and you file in October of the same year, the whole period can be claimed; if you wait longer than a year, the older months are lost. That is the main reason to file early.

Speak to a UAE Family Lawyer About Child Support

Child support claims are time-sensitive: past maintenance only reaches back one year, and temporary maintenance can be ordered while the case is heard. Get a free confidential consultation today.

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Sources and official references

  1. Federal Decree-Law No. 41 of 2024 on the Personal Status Law, UAE Legislation portal
  2. Federal Decree-Law No. 41 of 2022 on Civil Personal Status, UAE Legislation portal
  3. Abu Dhabi Law No. 14 of 2021 (as amended) and Regulation No. 8 of 2022, official English text, Abu Dhabi Judicial Department
  4. Cabinet Resolution No. 122 of 2023 on the Executive Regulation of Federal Decree-Law No. 41 of 2022 on Civil Personal Status, UAE Legislation portal
  5. Family Guidance services, Abu Dhabi Judicial Department