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Maintenance payment with arrears


06-Sep-2025 (In Divorce Law)
A Magistrate Court ordered husband to pay monthly maintenance for my daughter's minor son by the 10th of each month, effective from application date 15-09-23, with any prior payments to be adjusted. The couple separated since April'21, and the husband made irregular payments since then. He claims excess payment based on total voluntary contributions since April21 though he is in arrears post 15-09-23. Should adjustments consider contributions since separation or only from the application date?
Answers (1)

Answer #1
726 votes
Hi dear, the law is clear on the point that only payments made after filing the application for maintenance can be adjusted against arrears. Irregular or adjusted payments made before filing the application for maintenance cannot be legally adjusted unless the court explicitly allows it.
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