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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
Answers (5)

Answer #1
981 votes
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.

Answer #2
869 votes
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.
Answer #3
802 votes
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
Answer #4
529 votes
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
Answer #5
829 votes
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.

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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