Since both are working both have to pay maintenance in proportion to your incomes
refuse to agree to child maintenance demanded by wife
Regarding child maintenance
My spouse's temperamental problems have led her to seek a divorce after 6yrs of our marriage. We agreed to a mutual divorce for the benefit of both of us, even if I don't want it. She works for the government and makes about ₹80,000 a month, which is comparable to my pay. Our child is four years old. She wants : i) divorce (mutual/ amicable one) ii) child custody iii) child maintenance (1.26 Cr) Although I have complied with her initial two demands, a mutual divorce and joint custody of the children; I find the child maintenance to be excessive. What should be the ideal child maintenance amount in my case?
Asked 11 months ago in Family Law
Religion: Hindu
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8 Answers
It is an understanding between you two.
If you feel that the demand made by her is very exorbitant and you cannot afford to it then you can either negotiate it to the extent that is possible by you or can refuse to pay any, even if she is not agreeing for mutual consent divorce.
Let she approach court for solution because the court may not entertain this exorbitant demand when it is practically not possible to pay this huge amount
- Since, she is working and getting equal salary , then she cannot claim any maintenance from you
- Further, you are not only responsible for the payment of maintenance of child but she is also equally liable to pay the same.
- If she demands 1.26 cr from you , then you should agree maximum half of the demanded amount .
1. Since both of you are employed, the expenses on the child is to be jointly borne by both of you.
2. Make a rough estimate of the expenses on your 4 years old child and thereafter divide it by two and both of you should incur the said amount equally.
Dear Querist,
the expenses is based on the manner of upbringing of the child like education, food, cloths, and extra curriculum activities which are necessary for the upbringing of the child.
in contested cases both of you are liable to maintain the child and approximately an amount of Rs. 20,000/- per month is sufficient amount at this age.
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You need not agree to her unreasonable demand for maintenance of the child. As she is employed and earns a monthly salary equal to yours, your wife too bears the responsibility equally for financing the child's maintenance.
It will be shared by both of you. The ideal can be computed as per child’s education etc. if not mutuallly agreed then court will decide the same
Dear client
I understand this is a difficult situation. Here's some guidance on child maintenance in India for a mutual divorce:
Child Maintenance in Mutual Divorce (India):
- There's no fixed amount for child maintenance in India.
- Courts consider various factors to determine a fair amount, including:
- Needs of the child (food, clothing, education, healthcare)
- Income of both parents
- Standard of living enjoyed by the child before the divorce
- Any special needs of the child
Given your situation, here's a likely range for child maintenance:
- ₹80,000 (Spouse's salary) is comparable to yours, so the financial burden should ideally be shared proportionately.
- ₹1.26 Crore seems excessive as a lump sum amount.
Possible Solutions:
-
Negotiation: Discuss a more reasonable monthly amount with your spouse. Consider factors mentioned above.
-
Mediation: A mediator can help you reach a mutually agreeable amount for child maintenance.
