hyderabad babu (none) 03 September 2012

One time child support vs monthly child support

Sir/Madam:

My wifes family is demanding huge amount for one time child support settlement and mutual divorce. Unfortunately this is beyond my means yet they want a pound of flesh from me and money which I do not have.

If I come to India hopefully with AB, I will lose my job for good and have no income. In this situation, if I file for divorce, how does the maintainence/child support work? Is there any kind of interim maintainence amount set by the court , How is this decided or do I need to show my previous salary statement inspite of not having any job in India?

Please share any cases with settlement amount in the recent past ( What are the usual settlement for "one time payment" of child support?)

Please advise.

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2 Replies

stanley (Freedom) 03 September 2012

Normally 498 A is filed to get you down to a settlement but dont give into their demands . The court would decide child maintanence on your means of income normally its 1/3 rd of your salary but there is no hard and fast rule or a formula to decide maintanence . Interim maintanence is decided on your current salary . Take for instance you have left your job abroad and you have taken a job in india and are getting a salary of Rs 15000 per month . Than interim maintanence would be decided on this salary . Also if your wife is working and has sufficent means to sustain her self than she would not be getting any maintanence . As a matter of fact if she is working than she would have to contribute towards child maintanence . In case you apply for child custody than you would not have to pay any maintanence for your child .

B.N.Raja Mohamed (ADVOCATE) 09 September 2012

Sir,

Once a petition for maintenance is filed before the court, the court can order interinm maintenance till the disposal of the main petition in view of the criminal procedure code.

Even if you don't have a job you are liable to maintain your wife and child if you are hale and healthy in view of the judgement of the supreme court of india.

If you get an order of interim maintenance and if you find the amount to be exhorbitant file a petition seeking revision of the order of the court.