UAE legal Q&As: Husband stops giving money for children after fall-outs

One woman complains about her wealthy husband not providing child support payments, while another reader has a query about his father's four-year bounced cheque case.

Q: My husband and I had an argument and we stopped talking to each other, which is something that happens every other month. Every time this happens, he stops giving me the monthly allowance for our two children and house expenses, which includes the maid’s salary. He knows very well that my income is limited as I run a small business and only pay myself when there is money left over, and this never exceeds Dh5,000. He is the chief executive of a big company and earns a six-digit monthly salary. Is there anything I can do legally to ensure he makes the payments each month? He is still my husband and we are not divorced.

A: You can lodge a complaint with the Sharia court in which you detail how you are left to pay for your children’s costs and your costs as well every time there is a fall-out. You and your husband will be referred to the amicable settlement section, where you will attend a few sessions and, if you fail to settle your differences, the case will be referred to the Sharia court itself, where you can submit any documents and receipts that prove you have been paying living costs. The court will sentence him to pay a certain amount from his salary for your children and living costs and, by the law, he must abide by this ruling.

Q: My father has been accused of issuing a bounced cheque and he has been fighting the case for the past four years. He is under a travel ban and cannot leave the UAE. However, his presence is needed in India for a short time. Is there a way he can deposit money and someone’s passport as security and lift the ban for a short period of time and then come back to the UAE and continue to fight the case?

A: Your father can submit an objection to the ban, through which he should highlight the details of why it is needed to be lifted and provide any evidence to support his case. The court may rule in your father’s favour by lifting the travel ban. However, it also has the right to dictate certain procedures and ask for certain guarantees to have the ban lifted.

If you have a question for our lawyer, please email it to newsdesk@thenational.ae with the subject line “Know the law”.

Published: September 17, 2016 04:00 AM

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