Elderly Parents Can Seek Financial Support From Their Children Under the UAE’s New Personal Status Law

The UAE's new Personal Status Law provides a legal framework for parents who are unable to support themselves and need financial assistance from their children. Under Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law, parents who do not have sufficient property or income to meet their needs may be entitled to maintenance from their financially capable children.

 

The provisions are particularly relevant to elderly parents who have retired or are otherwise unable to earn a livelihood, but the entitlement is not based simply on a parent's age. The central considerations are the parent's financial need and the children's ability to provide support.

 

What Does the Law Say About Parents' Maintenance?

 

Article 107 of the new Personal Status Law expressly deals with parental maintenance. It provides that maintenance of parents falls upon their solvent child, whether male or female and whether adult or underage, where the parents do not have property from which they can meet their expenses. Where the parents have some property but it is insufficient, financially capable children are required to provide what is necessary to fulfil their maintenance needs.

 

This means the obligation is not restricted to sons. A financially capable daughter may also be required to contribute towards the maintenance of her parents.

 

The law therefore recognises parental support as a legal family obligation rather than merely a matter of personal choice. Where a parent genuinely lacks sufficient resources, a financially capable child cannot necessarily avoid the obligation simply because the parent has not previously received regular financial support.

 

Is One Child Solely Responsible For Supporting The Parents?

 

Not necessarily. Article 108 provides that parental maintenance is to be distributed among the children according to the financial capacity of each one.

 

This is important where a parent has several children. If, for example, one child has a substantial income while another has limited earnings, the financial responsibility need not necessarily be divided equally. The court can consider the respective financial circumstances of the children when determining their obligations.

 

Therefore, an elderly parent with a son and two daughters may be able to seek maintenance, but the legal responsibility may extend to all solvent children rather than automatically falling exclusively on the son.

 

The law also recognises situations where one child has already been paying for the parent's needs. Where a child spends on the parents pursuant to a court ruling requiring the children to provide maintenance, that child may, subject to the conditions prescribed by law, seek reimbursement from the other children according to the applicable allocation.

 

What If the Child Cannot Afford Separate Maintenance?

 

The law also takes account of the child's own financial responsibilities. Article 109 provides that where a child's earnings do not exceed the child's needs and those of the spouse and children, the child is required to include parents who are entitled to maintenance in the household.

 

In practical terms, the law does not necessarily require a financially constrained child to pay a separate cash allowance that would leave the child unable to meet essential household expenses. The legislation provides for the possibility of accommodating the entitled parents within the child's household instead.

 

This provision reflects the broader principle that maintenance must be assessed in the context of both the parent's needs and the child's financial capacity.

 

How is the Amount of Maintenance Determined?

 

There is no single fixed monthly amount prescribed for parental maintenance. The court will assess the circumstances of the individual case and determine what is reasonably required.

 

The assessment can include essential expenses such as food, clothing, housing and medical treatment, depending on the parent's circumstances and needs. The court can also consider the financial position of the person responsible for maintenance, the condition of the person receiving it and the prevailing economic circumstances.

 

Consequently, a parent's claim is not automatically determined by the child's salary or by a particular percentage of the child's income. Evidence concerning the parent's actual needs and the child's financial capacity can be important in determining the appropriate amount.

 

Can a Parent File a Case Against a Child in Dubai?

 

A parent who is unable to meet his or her reasonable living expenses and believes that a financially capable child is failing to provide legally required support may approach the competent court for maintenance.

 

The new law also contains jurisdictional provisions specifically addressing maintenance claims involving parents. A parent residing in the UAE may, in circumstances provided by the law, bring a maintenance claim before the competent court.

 

Accordingly, an elderly parent living in Dubai may have legal grounds to seek maintenance from a child who is financially capable of providing support. However, the outcome and amount cannot be guaranteed in advance. The court will examine the evidence, the parent's needs and the financial circumstances of the parties before making an order.

 

What Happens If a Child Refuses to Comply With a Court Order?

 

The new Personal Status Law goes beyond establishing the obligation to provide parental maintenance. Article 254 provides criminal penalties for certain conduct involving parents.

 

A person who abuses, assaults, neglects or refuses to care for a parent despite being able to do so may face imprisonment and a fine of between Dh5,000 and Dh100,000, or either of those penalties. The same provision applies to a person who refuses to provide maintenance to a parent when that maintenance has become an obligation under a court judgment.

 

The law therefore distinguishes between a parent's right to seek maintenance and the consequences of deliberately refusing to comply with a judicial obligation to provide it.

 

Overall, the new UAE Personal Status Law reinforces the principle that financially capable children may have a legal responsibility to support parents who cannot adequately support themselves. At the same time, the law seeks to balance that responsibility against the financial circumstances and existing obligations of the children.

 

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