Maintenancce

ks (Querist) 16 November 2016 This query is : Resolved
My cousin's child visitation right case is going on. Meanwhile they are also negotiating the alimony figure through their lawyers ( out of court.)

1) Opponent has not filed any case for maintenance yet even after 4 years of separation. Are they legally eligible for alimony from retrospective effect ? ( If not for his wife but at least for his child ?)

2) They want lump sum amount whereas cousin offers monthly maintenance. Can any law compel him for one time lump sum amount ?

3) He is not satisfied with his lawyer for child custody case. Can he appoint different lawyer for Maintenance case ?

4) All the cases are likely to run against the same Judge. So will there be a separate case number and hearing date or it will be added with the case number of child visitation right case and same hearing date ?

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Rajendra K Goyal (Expert) 16 November 2016
For out of court settlement court has not much role to settle terms of settlement. This can be brought on file if needed after reaching.

1. Maintenance may not be allowed from back date, interim maintenance can be allowed from the date of demand / petition. Alimony is generally one time amount.

2. Court may allow maintenance.

3. Yes he can.

4. Depend on the cases. Court may allow same dates as per its convenience.

Guest (Expert) 16 November 2016
Alimony or maintenance is not advisable out of the court settlement, as possibility of second demand through court of law cannot be overruled.

ks (Querist) 16 November 2016
Thanks Goyal Sir and Dhingra Sir.

In the 2nd point can you pls let us know whether court can compel one time amount ? He wants to pay only monthly.

Also to whom to pay ? Directly to his wife or court's escrow account ?

ks (Querist) 16 November 2016
In fact he already gave offer that he will directly pay to school for fees etc for which his wife is denying.

Guest (Expert) 16 November 2016
You are welcome. About your supplementary question, the court cannot compel for one time alimony against your wishes.

Ms.Usha Kapoor (Expert) 17 November 2016
Agree with experts.

Rajendra K Goyal (Expert) 17 November 2016
Agree with the expert PS Dhingra on your supplementary question.

Guest (Expert) 17 November 2016
Rajendra ji,

Thanks for agreeing with me.

ks (Querist) 17 November 2016
Thanks everyone.

Guest (Expert) 17 November 2016
You are welcome.

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