Child support - please guide me

1. Child support payments are always co-extensive. Means if both parents are earning then the child support awarded from court is shared equally by both parents. Since you are earning you will not get any maintenance for yourself.

2. What he paid as support previously is basically taken as “he has not neglected” the child during seperation phase.

3. Best interest of child gets covered under meeting co-extensively (means jointly by parents); education / food / extra curricular activities / medical needs during per month maintenance phase. At alimony phase since it is a female child her marriage expenses needs to be built in and not before in per month maintenance hearings.

4. It is your call; monthly payment via RTGS bnak transfer automaticlaly if cases filed then through cases lifetime interim per month is awarded. If you are thinking about Mutual Consent Divorce then one time alimony covers child as well as yours reasonable needs but same has to be mutually jointly agreed so to convert into writing at Mutual Consent Divorce joint draft making time. Sit with him and honestly ask what he thinks of next - 5 – 10 – 15 years (as that is shelf life of one time alimony) and then act accordingly by filing right Application or Joint Petition. Cases if already filed takes 3-5 years and meanwhile you will also have spent on lawyers fees. Mutual Consent is always preferred if time / cost analysis reasonably done by either parties.

5. Your daughter has right to share in properties if they are not already willed away.

6. Interim maintenance once awarded have to be executed so that regular payment gets secured. If he ducks then remedy are there. During hearings if his advocate adjourns then so will yours occasionally which is silent feature of marital litigation in India so your case is not going to be unique in 'ducking' citing ! Regarding case filed in different city but within same State then he may opt for transfer of case to his city via approaching State's HC. If case is filed in different city and city falls into different State then he may approach SC to get it transferred to his city. These two process are purely discretionary. At one time HC / SC was showing leniency to women litigants to get transfer of cases to their favourite city but now it is all based on merits of each cases.

I am not considering your other personal facts as they are not relevant legally. 

Dear Tajobsindia,

Thank you so much for your response. This is veru helpful and gives me a lot of clarity on a confusing subject.

I did not quite understand one response against point no 4. " It is your call; monthly payment via RTGS bnak transfer automaticlaly if cases filed then through cases lifetime interim per month is awarded" - could you explain further please?

In your experience, and considering the income levels I have indicated, plus my monthly expenses on my daughter, how much should I claim for?

Also, what is the remedial course if he ducks payments?

Regards,

T

Para 4 - It means if case for maint. for child filed then the payment is given per month. If mutual consent both of you file then one time child support till she is 18 years old can be asked and with that huge money you have liberty to f/d or spend as and when needed instead of being dependent upon him every month.

On your last que. - If his income is 2 L then half of it is considered i.e. 1 L If your income is 75 k then its half is considered. A 4 years child shown to be spent 30 K is too much for middle class standards. However this comment besides the point a 4 years child may get in the range of 7 to 10 k per month from natural guardian (father) and say 5 k from custodial guardian (mother).  

Remedy for non payment- (1) Contempt of Court order (civil) (2) Time given to him to pay arrears if any once awarded  (3) Failing which direction to attach movable / immovable properties But in your own facts (first query) you yourself say he without any case was paying 5 K per month so why would he not honor (if any) Court Order ! Donot you have confidence in your own filed application for maintenance? Answer yourself not to the forum !

 

Expenses of 30 K for a child of 4 years - Insurance + medical are co-extensive paid by both parents. However since the eyesight is struck on his 2 L forgeting self 75 K  and 5 k without demand that he used ot send so view annexed PDF file on reasonable wants of a 4 years old from a middle class family background and edit as per yours truely expected figures and present to the Court for consideration

5k without demand was paid for 8 months. It was paid to make a point in RCR petition. My child is 48 months old. Plus 9 months of pregancy when mr 2L had been a passive spectator. I have not forgotten my own income. That is the source from which I spend 30k on my child every month, remember? What is ' reasonable' ? This is a value judgement - am sure it is not reasonable for a man to abandon his family and lead a footloose life either. I understand that staying in this profession makes you suspicious and cynical about human motives, but maybe you shouldn't judge? Thanks a lot for your considered response. Am grateful.

Can you provide details on how you are spending more than 30k a month on child ......and you claiming money for child when the child was in womb for 9 months .......this shows your intentions lady !!!   

u know what sometimes a person needs peace of mind more than money to live happily .... and your husband may  have left you in search of peace of mind!   it is a very cheap thought of thinking about monetary returns for bearing a child ...I will consider prostitutes more dignified than cheapos who use marriage as an extortion tool

Remember Karma is a b*tch !,

yes, its easy to run for peace of mind when your child is born with an illness.

its amazing how you too run for the easiest possible asssumptions and in objectionable language (MODERATOR please note) - maybe we all should stick to facts being shared rather than trying to read into a situation through our own experiences?

however, thanks gunjan and tajobsindia - your not-so-polite inquiry / insinuations made me draw up my expenses - as it turns out, i spend more than 30K a month on my child - see attchment - this is without the cost of a really thorough specialist check up, annual holiday, other one-time cost like school admission fees etc.

you're right - this is not representative of a middle class home's 'reasonable' expenses.  this is, unfortunately, our family background and the quality of upbringing that a harmonious marriage would have naturally yielded.

hope, some of you reading this post benefit from my workings.

Attchment

he he, seen expenses sheet of 4 years old and read your PM

You are lucky that I did not show you Hon'ble SC child support approval which even Women and Child Development Ministry by way of Affidavit approved of and it is still on their official website what Hon'ble SC says how much is child support.

However all the best. No wonder sky is the limit here in India.................

@TajobsIndia:  Forgive me for my comments here, but the reality of "a child" is changing.   I, as a father spend about 20K on myself and my child spends about 80K inclusive of school fees.   The said child in the discussion seem to have parents who earn much more than me ...

 

Especially when it is the only child parents do go overboard and spend on their children, always justifying it's the family background or the social status.

 

Well what's wrong if her father is earning 2L per month ?

Hi

 

Can you provide me details of SC approval sheet of child expenses.

 

Thanks and Regards

Kapil Agrawal