Maintenance of children post remarriage of divorced wife
Rajesh Tandon
(Querist) 01 October 2012
This query is : Resolved
Though normally the pension cannot be attached by a court.
(i)In a normal case, a person after getting divorce from his wife keeps giving alimony/ maintenance as decided by the court,(if it is not a one time settlement). But what happens to the maintenance/alimony in respect of children if the first divorce wife starts earning/remarries. Is it the responsibility of second husband for maintenance of children from first marriage post remarriage of divorced wife or first husband continues with responsibility of maintenance towards children from first marriage(if staying with first ex wife & second Husband).
(ii) If a person gets divorced from his wife and thereafter keeps giving alimony/ maintenance as decided by the court, what happens once he dies. After death of the person (if he is the pensioner), would the maintenance/ alimony due be deducted out of family pension of the pensioner now authorised to his second legally wedded wife, (post divorce with first wife).
ajay sethi
(Expert) 01 October 2012
1)husband is liable to pay maintenance to his children . if ex wife earning not liable to pay her maintenance subjct to court order .
2)once man dies his property goes to his legal heirs his children from first wife and second wife . if he has left will goes to his heirs as per will
Rajesh Tandon
(Querist) 01 October 2012
Thx for your reply. But here i am asking about maintenance/ alimony not his property which gets affected on his death.what iam asking is a case where he continues to pay monthly maintenance/ alimony & suddenly when he dies, how is monthly maintenance/ alimony paid or is it that monthly maintenance/ alimony stops & balance Property is divided as you have mentioned. Is it that now first wife gets her entitlement out of her pension of ESM . kindly Clarify
