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Alimony goes from the total income or from tax deducted income ?


28-Jun-2023 (In Divorce Law)
I am NRI. I have been married for 3 years. I get income monthly after tax get deducted. if my total income is 1000 dollar and net i get only 600 dollar after taxes. will the alimony be decided base on 1000 or 600 ? Does my monthly expenses be taken into account while setting the alimony by court ? around 400 goes into my monthly expenses ( for example house rent and other monthly expenses). My wife was also earning here but now is back to India.
Answers (5)

Answer #1
752 votes
You need to show your expenses and satisfy the court that your wife is also earning and is capable of maintaining herself. As far as the salary is concerned the money you get after the deductions of taxes will be applicable for your wife’s alimony.
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Answer #2
703 votes
Yes your expenses will be taken into consideration by the court while deciding the maintenance or alimony. Your net take home would be taken into account minus expenses. For further detailed consultation you may connect
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Answer #3
757 votes
There is no fixed formula or hard and fast rule for the calculation of alimony that the husband needs to provide to his wife. The alimony can be provided as a periodical or monthly payment, or as a one-time payment in the form of a lump-sum amount. If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband’s net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband’s net worth. That said, there are certain factors that are taken into consideration by the court while computing the alimony amount. Such factors may be varied and may include the following: Husband’s and wife’s incomes and other properties, if any Conduct of both the husband and the wife Mandatory deductions such as income tax, EMIs, loan repayments etc. are considered to calculate the net income of the husband Liabilities of the husband, such as dependent parents Social status and lifestyle of both the parties Age and health condition of both the parties The period for which the couple had been married Expenses for education and upbringing of the child/children
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Answer #4
645 votes
all details of your income expenses... deductions and same of your wife will be taken into account while granting or not granting maitaince to her.... if he too is guilty of matrimonial wrong then she will not get any
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Answer #5
907 votes
Alimony is decided by court on its own discretion & lots of things are evaluated for the same like your income, her income, child custody, standard of living etc .. kindly b in touch to understand the legalities.. thanks
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