1. The monthly maintenance is to be equally divded between two of yoou.
2. No
3. Yes. File case under section 406 of IPC.
Child maintenance
The family court refused alimony to my ex-wife in the verdict, citing her salary. My ex-wife has filed another claim for child support. I already paid ₹1.7L her last FY 23–24 as child maintenance. 1. My ex-wife has a monthly net income of ₹1.04 lakh. I have ₹1.1L per month. In this instance, what is the optimal amount (minimum or maximum) to pay for child maintenance? 2. She demands a ₹20L lump sum as child maintenance. Is that rational? 3. She had taken my gold items (that my guest had given me as a wedding present) for some gold loans and about ₹2L for some real estate purchases. Can I retrieve it from her?
Asked 8 months ago in Family Law
Religion: Hindu
8 Answers
When both are working both have to pay for child maintenance in proportion to your incomes
2) both will have to pay equal maintenance for child
3) wife has to prove that child expenses are of 20 k per month
4) ask her to return gifts given to you at time of marriage by your friends
1. Have you paid the earlier child maintenance amount on a court order, if so whether you continue to pay the same or have discontinued?
If there was no orders passed, then you can very well challenge her child support petition stating that she is also equally earning hence she has to bear 50% of the expenses.
2. There is no rationality in her claim, she can claim anything but there has to some justification in that, the court will not entertain such irrational claims, therefore you may refuse her claim and challenge the same properly.
3. If she had taken away your items you can file a petition under section 27 HMA and seek return of your articles
Hello,
- Child support is the liability of both the parents even after the divorce is granted but the court. There's no optimal amount as a standard or benchmark. It will be decided need based and the financial status of the parents involved.
- You cannot be compelled to be pay any specific lumpsum amount that is beyond your affordability. Again agreeing to a one-time amount can avoid future squabbles. You have the option to negotiate the amount through the court mediation.
- Unfortunately, it would be almost impossible to retrieve them from her in the context of the marriage. All you can do is to bring in those details In support of reducing the child's maintenance amount, in case you are bargaining for a one time settlement.
1. There is no criteria to determine minimum or maximum maintenance for child support as it majorly depends on factors like -
* Earning of parents
*Standard of living of parties
*Expenses of child
which differs from case to case.
2. In a case where a lumpsum amount is demanded, a future prospect of expenses of child (for atleast 10 year) must be considered.
For example if your wife is asking for 20L rupees and if we break down the sum 20L into 10 years 20L ÷10 = 2L will be the maintenance per year and if we further break it into months 2L ÷12 = 16,666 rupees per month.
So monthly maintenance of your child demand by your wife is approx 17000 rupees Which is considered to be a nominal amount for maintenance where both the parents are earning well.
3. If the gold items were given by your friends to your wife than it becomes sole property of your wife only and you can not claim it back as once a thing is given to a wife by anyone its become her stridhan and she has absolute right over it.
- According to the law, both parents are liable to pay child maintenance in proportion to their income.
- Since, her income is nearly equal to you, then she is equally responsible to pay the maintenance of the child , and she cannot claim amount from you if you have already paid.
- No, you have no right to claim over her stridhan which she has received from her and your family members at the time of marriage.
- However, she has no right over your jewelry items ,and you can file a complaint against her for getting those items from her.
Dear Client,
-
Optimal Child Maintenance Amount:
- In India, there is no fixed formula for calculating child maintenance, but the courts often consider the income and financial capacity of both parents, as well as the needs of the child.
- The Hindu Marriage Act suggests that the spouse can receive at least 25% of the partner’s net income for both her and the child’s maintenance, while Supreme Court judgements clarify that child maintenance should be a reasonable percentage of the non-custodial parent’s income, often falling within the range of 15–30%.
-
Lump Sum Child Maintenance:
- A demand for a ₹20L lump sum for child maintenance needs to be evaluated based on the child’s needs, the duration of support required, and the parents’ financial capacity.
- The court may consider a lump-sum payment if it’s in the child’s best interest and aligns with the financial realities of both parents.
-
Retrieving personal items:
- Generally, you have the right to retrieve any personal belongings that were left at your former residence, including items like jewellery.
- If these items were used as collateral for loans or sold without your consent, you may need to take legal action to recover them or their value.
Dear Client,
The optimal amount for child maintenance depends on various factors, such as the child's needs, the parents' financial resources, and the standard of living the child is accustomed to. In your case, with your ex-wife's monthly net income of ₹1.04 lakh and your income of ₹1.1 lakh per month, the court will likely consider both parents' financial capabilities and the child's needs to determine a fair amount for child maintenance. The court may order you to pay a portion of your income towards child support, but the exact amount will depend on the specific circumstances of your case.
Demanding a ₹20 lakh lump sum as child maintenance may not be rational, as it is a significant amount and may not be necessary for the child's immediate needs. The court will likely consider the child's actual expenses and the parents' financial resources to determine a reasonable amount for child maintenance, which may be paid in installments or on a monthly basis.
Regarding the retrieval of the gold items and money, it is important to determine the ownership of these assets. If the gold items were given to you as a wedding present, they may be considered your personal property. However, if they were given to both you and your ex-wife jointly, or if they were used for the family's benefit, the court may consider them as marital assets subject to division. The same applies to the ₹2 lakh used for real estate purchases. If the money was used for the family's benefit, the court may consider it as a marital asset.
For more details you can please take paid consultancy.
If you are satisfied with the reply, kindly give me a 5 star rating.
Regards,
Arunkumar Khedia
Advocate Bombay Highcourt.
