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Child support

(Querist) 24 October 2013 This query is : Resolved 
How is child support calculated. child is 8 months old

Husband's salary - 70000

wife salary - 60000

medical benefits of child are free for child in case of wife.

regards
ABDUL RAZIQUE (Expert) 24 October 2013
The Court Commissioner or Family Law Judge has the final authority to determine the amount of a child support order. This calculator provides only an estimate and is not a guarantee of the amount of child support that will be ordered.
ABDUL RAZIQUE (Expert) 24 October 2013
Visit the Supreme Court Self-Service Legal Center website for complete Child Support forms packages and watch our Video for Self-Represented Litigants for more information about representing yourself in court.
Raj Kumar Makkad (Expert) 24 October 2013
Both husband and wife are bound to contribute for the necessities of the their child. In the given case, the court shall roughly determine the requirement of the child in such age and accordingly shall direct to pay the maintenance.
ABDUL RAZIQUE (Expert) 24 October 2013
Agree with R.K.Makkad Sir,
Devajyoti Barman (Expert) 24 October 2013
Both are equally liable to provide maintenance.
jay pathak (Querist) 24 October 2013
sir

can anyone provide the link to Supreme Court Self-Service Legal Center website

or the child support calculator

Dr V. Nageswara Rao (Expert) 25 October 2013
1.To my knowledge, such center are there in USA, Canada etc and not in India.

2. The amount for childcare is fixed by the Court keeping in view the relative incomes/sources of income of parents and the needs of the child (health, education etc)depending on their social status and living standards.

3.The Court makes the assessment.
P. Venu (Expert) 25 October 2013
Why can't the husband and wife splitting? S.haring the pains and pleasures of rearing an infant is more than enough to cement the marital relation. Based on the salaries they appears to be well educated. More than seeking any outside support, they should support each other
Dr V. Nageswara Rao (Expert) 25 October 2013
Mr Venu:

Unfortunately, in a divorce situation, it is the children who are the worst victims. Sometimes, parents play a ruthless legal game--no holds barred. They use the kids as chess pawns to squeeze more money or pay less in marriage settlement. Sometimes even mothers do not care.
jay pathak (Querist) 25 October 2013
sir

can anybody please tell me the percentage or the amount i need to shell out based on past experience or judgments.

ajay sethi (Expert) 25 October 2013
you have not mentioned how much is your wife claiming . is her income proof on record . ? court may direct you to pay around Rs 10,000 per month
R.K Nanda (Expert) 25 October 2013
nothing more to add.
Nadeem Qureshi (Expert) 25 October 2013
nothing left to add
Rajendra K Goyal (Expert) 25 October 2013
Well advised by the experts. Award of maintenance for the child depends upon the court decided after after consideration of all factors put before it.
jay pathak (Querist) 25 October 2013
i hear it is decided and equal to 1/5 of the 50% of salary of the husband from one of the queries of this website is it true.

my wife is a corporate employee and she is not demanding any money
ajay sethi (Expert) 25 October 2013
if your wife is not demanding any money then on your own you should pay fr maintenance of your child . you are earning Rs 70,000 per month . no fixed formula for awarding maintenance .
Devajyoti Barman (Expert) 25 October 2013
Yes maintenance can be anything between 1/4th to 1/5th of your total income.
V R SHROFF (Expert) 25 October 2013
As h w salary almost same, both have to pay 50% of child mtn.

As total income is 1.2L
child is entitled to app 30k, both need to pay all 15k p m.
So h may hv to pay 15k p m , unless he proves other liabilities of his parents, young sister etc, and ger ir reduced by another 5k pm.
ABDUL RAZIQUE (Expert) 25 October 2013
well advised by V R Shroff sir, Nothing more to add.
jay pathak (Querist) 30 October 2013
sir
as per my lawyer it is around 3500 to rs 4000 per month .since my salary is 70000 rs half of it is rs 35000 and 1/10 of it is 3500 to rs 4000 is it true?

ajay sethi (Expert) 30 October 2013
we have advised you . let court decide the issue of maintenance
ABDUL RAZIQUE (Expert) 30 October 2013
Dear Jay Pathak
Regarding the maintenance the ld court decide on salary and need of amount regarding maintenance.
M P court order up to THREE thousand.
Maharashtra court order the lumpsum allowance to be paid in lieu of monthly allowance.
Rajasthan court order up to 2500 hundred.

so there is no norm fix regarding the maintenance amount.
It is vary court to court and upon material fact of cases.
Devajyoti Barman (Expert) 01 November 2013
query is unnecessarily dragged even after comprehensive advices by all of us.
ajay sethi (Expert) 01 November 2013
query is resolved .


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