{"id":57696,"date":"2026-07-07T16:16:29","date_gmt":"2026-07-07T16:16:29","guid":{"rendered":"https:\/\/my.legal500.com\/developments\/?post_type=press_releases&#038;p=57696"},"modified":"2026-07-07T16:16:29","modified_gmt":"2026-07-07T16:16:29","slug":"is-alimony-in-the-uae-subject-to-inflation-evolving-child-needs-and-ongoing-review","status":"publish","type":"press_releases","link":"https:\/\/my.legal500.com\/developments\/press-releases\/is-alimony-in-the-uae-subject-to-inflation-evolving-child-needs-and-ongoing-review\/","title":{"rendered":"Is Alimony in the UAE Subject to Inflation, Evolving Child Needs, and Ongoing Review?"},"content":{"rendered":"<p><strong>Background<\/strong><\/p>\n<p><strong>The litigation involved the appellant (the mother), and the respondent (the father). The parties were married and had two children.<\/strong><\/p>\n<p><!--more--><\/p>\n<p>In 2015, a final judgment was issued which set\u00a0<strong>child support<\/strong>\u00a0(alimony) at AED 2,500 per month per child. This was the norm for nearly ten years.<\/p>\n<p><strong>Court of First Instance<\/strong><\/p>\n<p>In 2025 the father initiated a case for a decrease in the\u00a0<strong>amount of maintenance<\/strong>\u00a0to AED 1,500 for each child. He claimed that he had remarried and had a new family to support. He was burdened with bank loans, credit card debts and rental costs. The father alleged that the mother was not spending the full amount of the alimony on the children.<\/p>\n<blockquote><p>Navigate UAE law with confidence. Become a part of\u00a0<i class=\"fa fa-reddit\"><\/i><a href=\"https:\/\/www.reddit.com\/r\/knowthelaw\/\" target=\"_blank\" rel=\"noopener\">\u00a0r\/KnowTheLaw\u00a0<\/a>\u2014your Reddit group for sharp analysis, strategic advice, and real solutions to complex legal matters.<\/p><\/blockquote>\n<p><strong>The Mother\u2019s Counter-Claim<\/strong><\/p>\n<p>The mother filed a strong counter-suit, seeking an increase in the\u00a0<strong>alimony<\/strong>\u00a0to AED 10,000 per month for each child. She based her claim on the passage of time. She argued that ten years had passed since the original order. The children were now teenagers (13 and 18 years old), requiring significantly more for their social, personal, and educational needs. She further alleged that\u00a0<strong>father\u2019s income<\/strong>\u00a0had surpassed AED 80,000 per month. She sought\u00a0<strong>housing allowances, furniture allowances<\/strong>, and\u00a0<strong>expenses for a driver,\u00a0<a href=\"https:\/\/www.professionallawyer.me\/legal-articles\/criminal-law\/car-ownership-in-the-uae-obligations-under-the-uae-law\">car<\/a>\u00a0maintenance, and a maid<\/strong>.<\/p>\n<p>The Court of First Instance relied on the doctrine of\u00a0<strong>res judicata<\/strong>\u00a0(res judicata) and a narrow interpretation of the\u00a0<strong>UAE Personal Status Law<\/strong>\u00a0on the age of\u00a0<a href=\"https:\/\/www.professionallawyer.me\/legal-articles\/family-law\/changes-under-the-new-personal-status-law-part-3-financial-rights\">custody<\/a>. The Court noted the history of litigation between the parties, and found that claims for housing allowances, car maintenance and a driver\u2019s salary had already been litigated and dismissed or settled. Therefore, it ruled these specific requests inadmissible to avoid re-litigating the same facts.<\/p>\n<p>A significant finding involved one of the children. Since she was born in 2007, she had reached the age of 18 by the time of the judgment. Under Article 123 of\u00a0<strong>Federal Decree-Law No. 41 of 2024<\/strong>, the court ruled that custody naturally ends at 18 unless the child has a specific disability. Since the child who had reached the age of 18 was healthy, the mother\u2019s request to extend\u00a0<strong>custody<\/strong>\u00a0was denied.<\/p>\n<p><strong>The Judgment<\/strong><\/p>\n<p>The\u00a0<strong>Court of First Instance<\/strong>\u00a0ruled the following:<\/p>\n<ul>\n<li>Rejected the father\u2019s request to reduce alimony.<\/li>\n<li>Rejected the mother\u2019s request to increase alimony.<\/li>\n<li>Maintained the status quo of AED 2,500 per child.<\/li>\n<\/ul>\n<p><strong>Court of Appeal<\/strong><\/p>\n<p>The mother appealed the decision to the Dubai Court. During this stage, a critical piece of evidence was introduced by the father\u2019s employer. The introduction revealed that the father was now working as a manager with a\u00a0<strong>monthly salary of AED 77,557<\/strong>. This was a substantial increase from his reported income during the 2015 litigation.<\/p>\n<p><strong>The Judgment<\/strong><\/p>\n<p>The Court of Appeal upheld the lower court\u2019s decision, even in the face of evidence of increased income. The court reasoned that the mother did not establish that the children\u2019s needs had changed to such a degree that the current sum of AED 2,500 was no longer sufficient. The court said the current amount was still \u2018appropriate\u2019 considering the children\u2019s ages and the present\u00a0<strong>economic situation<\/strong>.<\/p>\n<p><strong>Court of Cassation<\/strong><\/p>\n<p>The mother brought the matter to the\u00a0<strong>Dubai Court of Cassation<\/strong>, arguing that the lower courts had committed a\u00a0<strong>&#8220;perversion of justice&#8221;<\/strong>\u00a0by ignoring the father\u2019s wealth and the undeniable impact of\u00a0<strong>inflation<\/strong>.<\/p>\n<p>The Court of Cassation agreed with the lower courts on the housing issue. It ruled that the mother lived in a property owned by the heirs (including herself) and had lived there for ten years. Since she hadn&#8217;t actually moved or rented a new place, her claim for a &#8220;housing allowance&#8221; was deemed premature and unsupported by evidence.<\/p>\n<p>Regarding the\u00a0<a href=\"https:\/\/www.professionallawyer.me\/legal-articles\/family-law\/child-custody-and-visitation-rights-in-the-uae\">custody<\/a>\u00a0the Court reaffirmed the strict application of\u00a0<strong>Article 123<\/strong>\u00a0of the 2024 Law. Since one of the children had reached 18, her legal &#8220;custody&#8221; had ended. The mother could not sue for custody of an adult.<\/p>\n<p>The Court of Cassation took a significant stand on the\u00a0<a href=\"https:\/\/www.professionallawyer.me\/publications\/family-law\/new-uae-family-law-to-bolster-rights-of-muslim-mothers-and-children-in-custody-cases\">alimony<\/a>\u00a0increase. It identified several fundamental errors in the lower court\u2019s reasoning:<\/p>\n<ul>\n<li>The court noted that ten years is a significant period. Children who were toddlers or primary students in 2015 are now teenagers with vastly different requirements.<\/li>\n<li>&#8220;The price increase is a fact that no one is hiding,&#8221; the court said. It ruled that general inflation is a\u00a0<strong>judicial fact<\/strong>\u00a0that courts must take into account when assessing whether old alimony amounts are still &#8220;sufficient.&#8221;<\/li>\n<li>The court pointed to the father\u2019s employer\u2019s report. A salary of over AED 77,000 clearly placed the father in the &#8220;wealthy&#8221; category.<\/li>\n<\/ul>\n<p><strong>Judgment<\/strong><\/p>\n<p>The Court of Cassation annulled the appellate judgment in part and exercised its power to decide on the merits by issuing a new order:<\/p>\n<ol>\n<li>The\u00a0<strong>child\u2019s alimony<\/strong>\u00a0was increased from AED 2,500 to AED 3,500 per month each.<\/li>\n<li>The\u00a0<strong>increase was back-dated<\/strong>\u00a0to the date of filing the suit.<\/li>\n<li>All other requests (housing, driver, etc.) remained denied.<\/li>\n<\/ol>\n<p><strong>Conclusion<\/strong><\/p>\n<p>The ruling by the Dubai Court of Cassation is a landmark victory for\u00a0<strong>custodial parents<\/strong>\u00a0in the UAE. It sets some very strong legal precedents for future alimony disputes. The court&#8217;s admission that &#8220;nobody is unaware of the rise in prices&#8221; is a landmark statement. It means that custodial parents do not have to prove the price of every loaf of bread or liter of fuel in order to justify an increase; instead, the judiciary must accept the general economic fact of inflation. The ruling also notes that the needs of a teenager are inherently greater than those of a young child. The passage of a decade creates a &#8220;rebuttable presumption&#8221; that the original alimony is no longer adequate to meet the child&#8217;s needs for social and personal development. The court stressed that the personal financial decisions of a father, such as taking loans or remarrying, cannot be used to reduce his children\u2019s\u00a0<strong>financial entitlements<\/strong>. Alimony is based on gross capacity and income, not the net amount after a parent settles optional lifestyle debts. Finally, the ruling noted that alimony orders have only\u00a0<strong>\u201ctemporary finality.\u201d<\/strong>\u00a0They are dynamic instruments that need to be reviewed periodically to ensure that the \u201cdignified life\u201d promised by UAE law remains a reality for the children, regardless of the time elapsed since the\u00a0<a href=\"https:\/\/www.professionallawyer.me\/legal-articles\/family-law\/changes-under-the-new-personal-status-law-termination-of-marriage\">divorce<\/a>. By increasing the alimony to AED 3,500, the Court of Cassation balanced the mother\u2019s request with the father\u2019s demonstrated capacity, ensuring that their children receive support reflective of the world in 2026, not the world of 2015.<\/p>\n<h2>Frequently Asked Questions<\/h2>\n<p><strong>1. If the mother wanted to ask for more time with the child, why couldn\u2019t she?<\/strong><\/p>\n<p>The law 41\/2024 sets the\u00a0<strong>legal minimum age for custody<\/strong>\u00a0at 18 years. This means the law\u2019s goal is to provide stability and continuity for the child until they are adults, irrespective of a parent\u2019s wishes. The court\u2019s priority is to maintain custody arrangements consistently and exceptions are rarely granted.<\/p>\n<p><strong>2. Can a father\u2019 bank loan or personal debt reduce his legal obligation to pay child support?<\/strong><\/p>\n<p>No. A father has to pay child support even if he has debts or bank loans. The court looks at these debts as evidence of ability to borrow or acquire assets and not as evidence of financial hardship. Debts are considered a voluntary obligation, so they do not override or diminish the\u00a0<strong>father\u2019s fundamental duty<\/strong>\u00a0to financially support his children.<\/p>\n<p><strong>3. How does the concept of \u201cTemporary Authority\u201d function in relation to support rulings and maintenance orders by the court?<\/strong><\/p>\n<p><strong>Support orders<\/strong>\u00a0issued by the court are considered valid only as long as the key circumstances such as income level or cost of living remain unchanged. The court denied the mother\u2019s housing allowance claim because it was already settled and she could not demonstrate new, significant changes to her situation. She was already living in a property that was partly inherited and she was receiving a housing allowance for utilities.<\/p>\n<p><strong>4. In this case, why did the court deny the mother\u2019s request for an additional housing allowance?<\/strong><\/p>\n<p>Previous decisions can be reviewed and changed if there is a\u00a0<strong>material change<\/strong>\u00a0e.g. increase in the father\u2019s salary. It guarantees that support orders are reasonable and reflect the current financial circumstances. The court found no basis for further support unless new evidence was submitted or a material change occurred.<\/p>\n<p><strong>5. Does the new legal framework require the court to consider the child\u2019s personal opinion in custody matters?<\/strong><\/p>\n<p>No, although the new law states the court may allow the child to express his\/her views, it is not a mandatory requirement. Custody arrangements are legally set to continue until the child reaches 18 years of age. Once this age is reached, the custody arrangement ends automatically, making the child\u2019s preference less relevant to the legal outcome.<\/p>\n<p><strong>6. What factors does the court evaluate to determine whether the level of child support provided is adequate?<\/strong><\/p>\n<p>The court take into account the father\u2019s actual income for example a certain salary (say AED 77,000) and the needs and ages of the children and the level of inflation at the time and the\u00a0<strong>cost of living<\/strong>\u00a0in the area. The aim is to arrive at a figure that is not only the absolute minimum but that will allow the child to live at a level appropriate to the circumstances.<\/p>\n","protected":false},"featured_media":0,"template":"","class_list":["post-57696","press_releases","type-press_releases","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/press_releases\/57696","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/press_releases"}],"about":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/types\/press_releases"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/media?parent=57696"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}