Answer: Yes, it can.
According to Article 63 and Article 13 of Federal Law No. 28 of 2005 on Personal Status (note: repealed as of 15 April 2025; replaced by Federal Decree-Law No. 41 of 2024), the amount of alimony (for a spouse, children, parents, and other relatives) is determined based on:
- the actual income and financial capacity of the obligated person,
- the needs of the recipient,
- within reasonable limits, avoiding excessiveness or unjustified reduction.
In Personal Status Appeal No. 1245 of 2024 (hearing dated 06.01.2025):
- The court of first instance ordered the defendants (children) to pay alimony to their father in the amount of AED 11,000, to be shared among all of them.
- The appellate court upheld the decision, disregarding the fact that the children’s income was insufficient to cover the ordered expenses, and that they had their own families, debts, and obligations.
- The Supreme Court ruled that this contradicted Sharia and Article 63 of the Law, as alimony must be determined “in light of the financial...