Maintenance

Querist : Anonymous (Querist) 16 August 2011 This query is : Resolved
Wife staying separated for a year or more. Have a 2 year old child. both working. planning for mutual divorce. Income of wife around 50K and mine 80K. what could be possible and reasonable child maintenance amount?

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prabhakar singh (Expert) 16 August 2011
IT WOULD BE A VARIABLE AMOUNT GROWING WITH AGE AND EDUCATION AND AT PRESENT ALSO IT SHOULD NOT BE LESS THAN 10K.

Querist : Anonymous (Querist) 16 August 2011
Is the amount of 10K to be borne by me individually or will be it shared by me and my wife equally?

prabhakar singh (Expert) 16 August 2011
BY YOU ALONE I MEANT,HAVING REGARD TO INCOME OF YOU TWO.A CHILD HAS RIGHT AGAINST YOU,IN ALTERNATE AGAINST MOTHER AS SHE IS EARNING,YOUR WIFE CAN ALSO CLAIM MAINTENANCE AGAINST YOU EVEN WHEN SHE IS EARNING,THINGS DEPEND ON CIRCUMSTANCES OF EACH CASE,IF YOU ARE BURDENED WITH SOME LOAN TO HAVE NET IN HAND SAY 20K THEN YOUR WIFE HAS TO PAY YOU MAINTENANCE IS MY VIEW.

Dr Anil Kumar Singh (Expert) 16 August 2011
Both of you have to provide for maintenance to the child , basically the parent who keeps the child is responsible for his maintenance if no application for maintenance is filed and in absence of any order from court of law. However the child has right to claim maintenance from his both parents. It will be around 15K and will raise in future depending on situation. It will be better for you both to create a common fund without dispute since you are getting separated with mutual consent

Querist : Anonymous (Querist) 16 August 2011
Thanks for the update. please let know if this amount of 15k is to be shared by both me and my wife equally?

Dr Anil Kumar Singh (Expert) 16 August 2011
If you reach an agreement mutually it can be shared equally by both of you, else his first right is from you only.

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