child support


Hi,

Incase of divorce by mutual consent, my husband is willing to pay for maintanence of my son but does not want to give me alimony.

He does not have the money to pay the mantainence upfront and hence has committed to do this in instalments of 24 months. however one lawyer i met said it is possible, while another says unless the installments are paid within 18 months that is the period for mutual divorce, the compliance will not be passed and divorce will not be granted. if compliance report is not passed within 18 months the petition will be dismissed.

Pls advise. Thanks.

 
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Practicing Advocate

Thats not true.... payment of alimony / maintainance in MCD can be decided as per the understanding between the parties. If the parties trust each other and have arrived at some understanding which is suitable to them, the court never objects or dismiss the petition on that ground.


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Thank you for your reply maam....i had asked the lawyer about this and if it could be made a part of the terms of the divorce by nutual consent, however I was told that evrything had to be complete within the 18 month cool off period. However another lawyer said that this option could be made a part of the terms and conditions and once petition for MCD was put in, the divorce would come through within 6 months.

I am very confused....

 
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Practicing Advocate

hahaha.... I can understand your confusion...!  I mean to say the confusion of a layman when faced with conflicting advices of two different lawyers... But what can I do? I can only give my opinion... :-) 

 
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Self employed.

Archana mam,is ten thousand per month a good amount in the courts point of view for payment by me to my two minor children monthly income is forty thousand and my wife's income is also forty thousand.I am paying voluntarily as it is my responsibility as a father to take care of my children.Is ten thousand a decent figure in hyderabad family court?I am in mumbai and children are with her in hyderabad.She has a job with an mnc and stays with businessman father.From my custody application point of view is tenthousand a decent figure.I live a simple life.

 
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Practicing Advocate

I do not know about Hydrabad family court in particular, but generally speaking its a decent amount in view that the father is earning 40 k.

 
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Advocate

@snoots - Mutual understanding between the divorcing spouses can be and more precisely shall be part of the MCD petition to protect the interest of financial beneficiary of the agreement.  After the first motion, second motion can be moved from six months to 18 months from the date of first motion.  If you believe the promise of your husband to pay the instalment dues after obtaining divorce through second motion, you can go for second motion at any time between six to 18 months from the date of first motion.  If you have scientilla of doubt about him to keep his promise, then you talk to him and arrange the instalments in such way that the entire amount is paid latest by at the time of second motion. 

@Rajeev Sampat - your earning is only Rs.40,000/- and have no other source of income and your children are school going, then Rs.10,000/- is a decent amount is undoubtedly decent amount.

 
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Self employed.

Thank you Archana man and Adv.Chandu.

 
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Thank you both for your advise......kindly let me know the tax implications on maintenance....

 

Thanks

 
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