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How to claim child maintenance when father is unemployed
11-Feb-2023 (In Divorce Law)
Hi , I have been mutually divorced since a year now. My X had agreed for 25000 monthly maintenance for my daughter, after 7 months he has approached court to reduce the amount as he is unemployed. I am paying 23500 rent and managing my and her expenses alone. In decree I have got matrimonial right to the house after his loan gets over. I need a advice can I ask the court to give me my share before the loan gets over as have no patience as well money to fight legally for monthly maintenance.. if this works let him deposit maintenance which he thinks for his daughter. After the property share my daughter would get financially secured . Though he is unemployed he has backing of his parents as they are financially very very strong. Please advice Thanks in advance
yes you can make request to the honerable court for for giving the 2 share in the property in your favour before the loan is repaid. Though he is unemployed the sources of income is considered for granting the maintenance.
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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Can working wife claim alimony?
Over the years, there have been many changes to the statutory provisions relating to maintenance and alimony. In India, working women are entitled to receive alimony after divorce, depending on their living conditions, lifestyles, social status and positions in the society.
Does the husband have to pay child support if the woman is earning?
If the wife works and makes her living, the difference between the incomes of husband and wife will be considered. If the difference between the earnings of the husband and wife is significant, the divorced spouse will receive alimony.
Is husband liable to maintain children even if wife is earning?
Sitabai, (2008). The Family Court then noted that, even if a wife has earned a small amount of income following desertion it cannot be used as a basis to refuse her maintenance because she is self-sufficient in earning her livelihood. 22-Oct-2023
Can wife claim maintenance even if she is earning money?
It was believed that working women were not entitled to maintenance if they earn enough money to support themselves. It is now clear that she can receive maintenance even if she earns money. 09-Feb-2023
Hi
Since its a Mutual Consent Divorce would need to read the Consent Terms and in addition the loan documents of the property to advise you accurately.,How many months has he defaulted on payment, file Recovery application and then once matter in Court this option of giving your share can be proposed in court.
Since its a Mutual Consent Divorce would need to read the Consent Terms and in addition the loan documents of the property to advise you accurately.,How many months has he defaulted on payment, file Recovery application and then once matter in Court this option of giving your share can be proposed in court.
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Adv. Shalini Devi
Mumbai | 400+ Answers
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Dear client if yr husband leave job to avoid paying maintenance then u can show court that he is capable of earing. U can also show court about his other source of earning if any. For any legal help call me
Adv Prasad Patil
Pune
Adv Prasad Patil
Pune
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Yes! you can ask for your and your daughter's share from join property at any point of time. for further advise I need to check your final decree and judgement copy..
Best regards,
Adv. Jyoti Kolhe
Best regards,
Adv. Jyoti Kolhe
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Dear sir/madam
following are the suggestions of your query;
1. need to see your consent terms between you and your husband.
2. you have to oppose the application of of your husband for reduction of maintenance because it may be his tactics to harass you you mentally.
3. you can claim for share in his property for your daughter but subject to your consent terms if any executed with your husband.
following are the suggestions of your query;
1. need to see your consent terms between you and your husband.
2. you have to oppose the application of of your husband for reduction of maintenance because it may be his tactics to harass you you mentally.
3. you can claim for share in his property for your daughter but subject to your consent terms if any executed with your husband.
Helpful?
27+
27+
Adv. Rajesh Mishra
Mumbai | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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