Child Support & Maintenance (Nafaqa)

Source: Federal Law No. 28 of 2005 (Personal Status Law), Articles 63-79; Federal Decree-Law No. 41 of 2022

Written in plain language for general understanding. This is educational content, not legal advice. Based on UAE federal decrees, laws, and ministerial decisions.

UAE Federal Law

What is this right?

Under UAE law, fathers have a legal obligation to financially support their children. This is called nafaqa:

  • Father's obligation: The father must provide for the child's food, housing, clothing, education, and medical care. This applies whether the parents are married, separated, or divorced.
  • Amount: The court sets the maintenance amount based on the father's income and financial ability and the child's needs. There is no fixed formula.
  • Duration: Support continues until sons can support themselves (typically after completing education) and until daughters marry, unless they are employed.
  • Wife's maintenance: A husband must also provide nafaqa to his wife during the marriage and during the iddah period after divorce.
  • Housing: The custodial parent (usually the mother) is entitled to suitable housing for herself and the children, paid for by the father.

When does it apply?

  • You are a parent going through divorce or separation and have dependent children.
  • The father is financially able to provide support.
  • If the father cannot pay, the obligation may shift to the grandfather or other male relatives under Sharia rules.

What should you do?

  • File a maintenance claim at the Family Court if the father is not providing adequate support.
  • Provide evidence of expenses: school fees, rent receipts, medical bills, and other costs related to the child.
  • Request a temporary maintenance order — the court can issue an urgent order while the full case is heard.
  • If the father fails to pay court-ordered maintenance, file an enforcement claim — non-payment can result in imprisonment.

What should you NOT do?

  • Do not accept informal promises — get a court order that specifies the exact amount and payment schedule.
  • Do not exaggerate expenses — the court will review evidence carefully, and inflated claims can hurt your credibility.
  • Do not withhold visitation because of unpaid maintenance — these are separate legal issues, and the court may penalise you.

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