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How much maintenance can be asked for children after divorce
08-Jun-2023 (In Divorce Law)
After divorce How much amount she can ask for maintenance and for children studies and for their marriages. Both are government job holders. Having 2 children. Studying 1st and 3rd class.
Hi
Since the wife is also a government job holder, the wife is not entitled to maintenance per se, unless and until she claims to be living in penury despite being a government job holder.
For children they are entitled for maintenance for the purpose of Wellbeing, education & welfare . Though there is no strait jacketed formula adopted by courts in awarding maintenance for children, the courts follow the following principles:
a) Father is solely responsible for food, shelter, education and welfare of the children.
b) Each child is entitled to receive a minimum of 7% of gross salary of the father as expenses for food, shelter, education and welfare.
c) However the children are entitled to receive more, if the court is led to believe that the life style of children is likely to be substantially altered on account of divorce between the parents and hence their life style should be protected/commensurate with their present life style.(for example, if the children are studying in private school, the courts will insist that father shall continue to educate the children at private school only etc)
Since the wife is also a government job holder, the wife is not entitled to maintenance per se, unless and until she claims to be living in penury despite being a government job holder.
For children they are entitled for maintenance for the purpose of Wellbeing, education & welfare . Though there is no strait jacketed formula adopted by courts in awarding maintenance for children, the courts follow the following principles:
a) Father is solely responsible for food, shelter, education and welfare of the children.
b) Each child is entitled to receive a minimum of 7% of gross salary of the father as expenses for food, shelter, education and welfare.
c) However the children are entitled to receive more, if the court is led to believe that the life style of children is likely to be substantially altered on account of divorce between the parents and hence their life style should be protected/commensurate with their present life style.(for example, if the children are studying in private school, the courts will insist that father shall continue to educate the children at private school only etc)
Helpful?
Adv. Rajagopalan
Hyderabad | 500+ Answers
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