Claim and Maintenance

My husband has filed for divorce in Dec 2014 & I am contesting. We have been married for 6 years and have a 2 year old son. He has been based out of the US for more than 2 years now and I work from home as my son is too young. My husband has never paid for any of my expenses or my son's. I am planning to file a case for my son's maintenance and alimony / maintenence for myself. He is earning more than $6500 USD a month, my gross salary is 35K per month. How much can I ask as maintenance for my son and for myself.Is there any calculation method for this?

Answers (3)

311 votes

File a maintenance petition soon.
The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties,their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.
The courts also have to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life she was used to live when she lived with her husband. At the same time, the amount so fixed cannot be excessive or affect the living condition of the other party. These are all the broad principles courts have to be kept in mind while determining maintenance or permanent alimony
Interim maintenances: In India, family courts can pass an interim order on maintenance to a spouse when she is separated from the other spouse with minor marital conflict, with a decree of judicial separation or if one of the spouses has applied for divorce. Interim maintenance order remains valid till the permanent maintenance order is given by the court during the divorce. So, a lawsuit for divorce or judicial separation is not mandatory to apply for monthly maintenance.
Maintenances amount calculation: The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income.
If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance.

The wife who is well-qualified and claiming maintenance by sitting idle is not entitled to get maintenance. The award of maintenance is generally determined based on all or some of the following guidelines: the recipient's financial needs; the payer's ability to pay; the age and health of the parties; the standard of living the recipient became accustomed to during the marriage; the length of the marriage; each party's ability to earn and be self-supporting;

In your case ask 2500 USD (1/3rd of net salary of the husband for both of you and children).But you have to prove he earn the salary as $6500.

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237 votes

The general method accepted by courts is the wife and kid must live in the same standard of the husband. The amount of maintenance must be adequate for that. Another method is one third of the income will be set apart for self maintenance . The remaining 2/3rd will be distributed among the number of persons whom he is legally liable to maintain.

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256 votes

Your son is quite eligible to get the maintenance from his father till he attained the age of majority. Claim amount will be depended upon the income of the respondent( father) provided it has to be proved by you. You can also file the petition if you are not maintained by yourself. This petition has to be filed before the Hon'ble Family Court where you reside.

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