Picture for illustrative purposes only. ARCHIVE
Dubai-based lawyer Barney Almazar answers the most common questions regarding your legal options in various cases related to living and working in the UAE.
A reader asks: My Filipino husband left me and my son for another woman. From that day, he never sent a single dirham to help me raise our son. I have been sending him messages through WhatsApp and Facebook, asking him for child support, but he just ignored all my messages. What should I do? Can I file a case for child support before the UAE courts?
Atty. Barney says: The initial remedy is for you to send a demand letter to your husband pursuant to Article 272 (1) of the UAE Civil Code, as amended by Federal Law No. 1 of 1987.
Should your husband fail to provide support despite several demands, a legal case can be initiated against him before the UAE Family Courts. You can also request his employer to make direct monthly payments to you out of his salary.
Penalties for missing a support payment can be up to a year in the prison, pursuant to Article 330 of the UAE Penal Code. Furthermore, UAE jurisprudence considers it a crime against the family if the father refuses to pay alimony and child support.
You can also file a case in the Philippines pursuant to the provisions of Violence Against Women and Children Law. Unjust refusal for child support is considered a crime in the Philippines. A warrant of arrest will be issued against him if he does not follow the orders of the Philippine court.
This column also appears in the Expat Media Special Edition magazine. Do you have a question for Attorney Barney? Contact him at barney@gulflaw.info or know more about him here. Barney Almazar is a director at Gulf Law in the UAE, Philippines, UK and Portugal. He is a member of the Philippine Bar and holds a UAE legal consultancy license. He is listed by Thomsom Reuters as one of the Super 50 lawyers in the Middle East and North Africa. Asian Legal Business has ranked him as top lawyer in the Philippines, Southeast Asia and Middle East.
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