Thanks Augustine Chatterjee.....Can i get maintenance even if m working??
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Yes you can get maintenance even if you are working if your standard of living is not commensurate with the standard of living of your husband. In other words, what the courts see is "the wife should enjoy same or similar lifestyle, same standard of living that she used to live when she was at her matrimonial house". However it is for you to prove that at present your standard of living is not same and similar to your standard of living when you were at his home.
The second point is, it is one thing if you are alone and another if you are living with his child. And so, he has a responsibility towards the child equal or greater depending on his status. If he is of better financial status than you, the court expects that you and your child should be able to live the same standard of living as you would have lived if you had been living with him if this break up did not occur. In other words, if you were living with your husband if you could send your child to school in a car, you should be in same position to do that even when he is not living with you. That is the ratio courts generally follow in all other aspects of your standard of living. However, it is the discretion of court/judge to decide what should be quantum of maintenance amount he should pay. This he will decide based on facts and circumstances of case like
A.. what is your income and what are the other sources of your income
B. How inadequate it is to help you and your daughter to live the standard of living that you could have been living he you both been staying with him.
Hope you understood these points. And how long he will be ordered to pay if at all court orders maintenance?
The answer is - Till you get remarried to some other man after legally obtaining divorce from him or till you die if you decide not to marry. That means getting a divorce will not be a cause for him to stop paying you and your daughter maintenance.
