Brother got separated how to calculate the maintenance for child
19-Aug-2023 (In Divorce Law)
My brother and his wife have to separate. My Bhabhi salary is 1.5 lakh per month and brother salary is 1 lakh per month. Both are working in Indian Army. They have a boy of 8 year old. What would be the maximum alimony my brother have to pay for this child and for how much time he would pay it. Second, If my Bhabhi marry to someone after divorce so will then also my brother have to pay the alimony of the child?
The maintenance for the minor child is the legal responsibility of both parents to be shared equally. The wife is earning will not be entitled for any permanent alimony and maintenance for herself, however the minor child of both will be entitled for the maintenance that these both need to share equally. The amount to be calculated on the basis of the school fee and other expenses of the minor child, that can be divided between both. As the child growing and in future his financial expenses will increase, that provision should also be worked out between both. The custody of the child seems to be with the mother and if she want to continue that without any objection from the father, that can continue, however if after her remarriage who will keep complete custody of the child should also be worked out, similar will be for remarriage by father in future. The welfare of the minor child is paramount issue of consideration that no one can ignore, so that should be taken in to consideration while moving ahead in the divorce case. The father's financial responsibility towards the minor child continues till the child attain age of majority, and in the present scenario the age of majority should not be the cut out date as the child even at the age of 18 years is still in school. One doesn't expect that at that time the child will be financially independent. One should go with practical approach and the father should promise to continue supporting the child till he attains a mean of livelihood for himself, namely financially support the child till completion of is education at all levels, irrespective of where the child is living, with him or his mother.
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