LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vijaysekhar (Software)     23 August 2012

Maintenance for child calculation

My wife has filed for divorce and is asking > Rs. 50 lakhs as maintenance of child and no alimony for her. The case was referred to mediation by judge and 1 round of mediation is complete with no outcome. During this mediation session, I told her that I am not willing to pay an one time settlement amount but I can pay a monthly amount. But I am not sure how to arrive at this monthly figure. To be fair, I told my wife and her lawyer, let the judge decide what the right amount is so let this case go to trial and both my wife and her lawyer who were shouting and yelling all along suddenly went silent. What does it mean? Why are they hesitant to take the case to trial? I am very confident that I can prove all the allegations are false, but I just want to give her the divorce anyway because I have faced enough problems with her. How can I take the false allegations made in my favour?

What factors are taken into account by the judge while deciding the maintenance of child to be by the father? Is my salary a criterion? She was  working in an IT company with a handsome salary but quit that job despite my insistence (I can prove this also) and has now taken up a job as a teacher. Does the fact that she quit her high paying job on her own a factor (although I insisted her not to) which will be taken into considertaion?


I basically just need help in deciding the right amount of maintenance that a father is supposed to pay. It should not be too less or too much. But I dont want to give a lumpsump amount because I know her spending habits (again I have proof) and she might end up spending on unnecessary things (for her or for the child) Kindly help if you have experience in this matter.



Learning

 2 Replies

Kishtaiah (Advocate)     24 August 2012

Better go trial and let court decide the maintenance for the child.  Your proven income is the basis for calculation which is reasonable for your child's maintenance.  You need not give permanent alimoney, monthly maintenance is justifiable.  If you have decided file a divorce petition after two years of separate living.

stanley (Freedom)     25 August 2012

The only thing she is asking for is child maintanence than why dont you apply for child custody .If you get child custody than  she want get any maintanence . As a matter of fact both have to contribute towards maintanence of the child as she too is working . Nowdays its common practice that the child is used as a tool for extracting money . The courts sees the facts about the reasonable expenses of the child and normally they would consider 1/3 rd of your salary for the child as well as hers there is no fixed formula as such . Seconldy they would consider if you have any liabities etc . 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register