The UAE’s new Personal Status Law, Federal Decree Law No. 41 of 2024, effective from April 15, 2025, updates and provides clarifications concerning child support obligations. Two important articles set the rules for financial responsibilities and how support may be claimed: Article 106 and Article 111.
Article 106: Father’s Financial Obligations
Under Article 106, the father’s fundamental responsibility is providing for their children financially. Despite the structure almost being similar as the old law, the new provisions have emphasized that a few salient amendments:
1. Coverage of Support
- The father must support the children until they can support themselves.
- Regarding girls, in particular, support terminates upon marriage or entering into an employment contract.
- For boys, this is until they reach an age where they are able to work, unless they are studying with success.
2. Support for Adult Children with Disabilities
- Fathers have to continue support for adult children who have disabilities if they cannot generate an income.
3. Ensuring Basic Needs
- Even when a child is receiving an income, the father has to continue providing financial support if the income received is not adequate to cover the needs of the child.
- If the mother is not in a position to breastfeed the child, then the father is obliged to pay for breastfeeding.
4. Parent Unable to Support
- If the father is unable to support the child financially, the mother has to contribute if she is capable of doing so.
- She could claim from the father, if he is able to pay later, provided the expenses she incurred were certified by him or by the court.
Article 111: Claim for Maintenance
Article 111 regulates how to file claims for child support and provides certain limitations to bring forth clarity and equity:
1. Retroactive Claims
- The claims of support arrearages are limited to no more than one year before the date the case is filed.
2. Claims for Other Relatives
- As to other relatives, such as parents or dependents, liability begins on the date of filing.
Key Takeways
The new Personal Status Law prioritizes the welfare of the children while introducing clearer guidelines on the financial responsibilities and claims of each party. By emphasizing that children’s basic needs must always be met and providing mechanisms for reimbursement and ongoing support, the law guarantees a more robust approach toward the rights of children in the UAE.
This revised law emphasizes that in all conditions, the welfare of the child has to be considered, while it also confirms the UAE’s approach to family stability and financial liability.
