Child support/maintenance
Ketan Thankavelu
(Querist) 19 July 2013
This query is : Resolved
In the course of divorce by mutual consent, I have deposited an amount in FD's in the name of my minor child. As per the order my ex-wife undertakes not to break these deposits until my child attains majority. She is the nominee of these deposits. By way of being the nominee, does she have the right to use the interest from these FD's?
ajay sethi
(Expert) 19 July 2013
no she has no right to use the interest on those FD . a nominee is only a trustee
Devajyoti Barman
(Expert) 19 July 2013
It would depend upon what instruction the FD is opened in Bank.
Rajendra K Goyal
(Expert) 19 July 2013
Please confirm whether she is nominee or guardian in the deposit. As a nominee she can not withdraw the interest. In case of Guardian of the minor, The use of interest depends upon the instruction of the court. In absence of such instructions she can use for the benefit of the minor with the court permission.
Ketan Thankavelu
(Querist) 20 July 2013
Many thanks for the time taken to reply to this query.
prabhakar singh
(Expert) 20 July 2013
As nominee she can NOT get anything either in principal or in interest so long minor is alive.
But as guardian she can withdraw principal and/or interest for beneficial needs of the child for which she would need a clear order
from the court under proceedings to go under
Guardian And wards Act,as and when required.
Ketan Thankavelu
(Querist) 20 July 2013
On similar lines as per the consent divorce order, I have agreed to pay all the educational/higher educational expenses of the child while in Chennai. Along with the school fees do I also have to pay for the school bus fees. The bus is not a compulsory part of the school fess.
prabhakar singh
(Expert) 20 July 2013
Your duty is to meet all expenditures necessary for 'maintenance' of the child.
It is your liberty to chose a school for your child unless already specifically ordered by the matrimonial court as per consent terms.
Once you have CHOSEN a school,you need to pay all that is required as per rules of school.If going by bus is necessary then you do need to pay it.
Ketan Thankavelu
(Querist) 20 July 2013
Many thanks to all who have taken time to provide me with valuable counsel.
Ketan Thankavelu
(Querist) 25 July 2013
Another query related to the above.
As per the mutual consent order copy, it says that the "1st petitioner (self) has deposited a sum of x amount in the name of the minor son. The 2nd petitioner undertakes not to break these deposits until the child attains majority".
What actually transpired is as follows. An apartment purchased through my funds only was registered in our joint names. During the course of the deliberations leading to the divorce, it was decided to sell the apartment as my ex wife demanded a substantial amount of money. The apartment was then sold and after clearing the housing loan, a cheque/cash of x amount was given directly to my ex-wife by the buyer on my verbal instructions. The verbal understanding between self and my ex-wife was that half the amount would be deposited in fd's for our minor son and the other half was for her to use. Before preparing and signing the mutual consent divorce order, my wife claimed to have deposited the x amount in FD's for my son as verbally discussed. I was shown a soft copy of the account details.
At this point, I don't possess any documents to show the location of the funds for my son nor do I have any idea on whether the interest on the deposits is being used/misused by my ex-wife.
Is there a legal way in which I can get to know the status of these deposits and is my ex-wife liable to protect these deposits until my son attains majority.
ajay sethi
(Expert) 25 July 2013
the wife has given an undertaking to court not to break these deposits till child attains majority . in other words the deposit would have to be renewed with interest . if your wife misuses the funds it would be violation of court order. you can always ask your wife as to amount lying in FD as on date
Ketan Thankavelu
(Querist) 28 August 2013
As per my mutual consent order copy, it states that I consent to pay annual premiums of medical insurance for my ex-wife and son for periods of its respective tenures or until remarriage of my ex wife whichever is sooner.
The insurance policy expired on 19th Jan 2013. Am I supposed to renew it?
Ketan Thankavelu
(Querist) 10 October 2013
I am being constantly harassed and threatened by my wife via SMS. What recourse do I have by law. I have blocked calls from her for the last 6 months. I have given my son access to a landline phone which she uses to threaten me.
