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Mukund   19 November 2024

Child support query

I have agreed to pay x amount as child support to my ex-wife. This is a mutual agreement. We are in the process of mutual divorce. I have couple of queries. Thanks for your help!

Jurisdiction - Chennai

  • When the child support is awarded by judge, will there be an inclusion of inflation factor in the child support? If yes, can you please clarify how it will be calculated?
  • From what date the child support should be provided? if we agree to provide child support from the month of final divorce date and put that in our mutual agreement, will the judge change it to any past date such as date of separately living, etc.,?
  • Is there any chance of ex-wife filing an child support amendment case in future to increase the maintenance? is it allowed? if yes, on what grounds it will be accepted by the judge?


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 4 Replies

sanjeev murthy desai (Advocate)     19 November 2024

If mutual agreement does not includes there be an inclusion of inflation factor, later her such claims ll not hold any water before the court of law.

Courts will always respects the agreed terms and conditions of the parties unless there is any breach.

If she files such cases in future,  you should contest the matter on merit basis.

 

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Mukund   19 November 2024

So, is the inflation considered a good case of merit later?

sanjeev murthy desai (Advocate)     19 November 2024

Its depend upon whether such inflation effected your income source.

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T. Kalaiselvan, Advocate (Advocate)     19 November 2024

The child support issue decided and agreed by both the parties should be reduced to writing and make it a part of the judgement in the mutual consent divorce.

What all conditions agreed upon shall remain valid till the end and it cannot be altered or modified until and unless there's a specific mention about modifications in the MOU in the future.

You can take assistance of an advocate to prepare the memorandum of understanding accordingly.

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