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kalpana (AP)     05 March 2013

Divorce

Since my husband has applied for divorce .. can i claim any settlement from him for my 6 yr old daughter. on wat basis i should fix the amt ?? 



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 2 Replies

R.kumar.bangalore (executive)     05 March 2013

Dear kalpana,

you can claim maintance for your daughter from your husband. please provide little information, lot of seniors will reply you.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 March 2013

Ms.Kalpana garu,

 

Spouse maintenance is financial support paid by a party to a marriage to their husband or wife (or their former husband or wife) in circumstances where they are unable to adequately support themselves.

De facto spouse maintenance is financial support paid by a party to a de facto relationship that has broken down to their former de facto partner in circumstances where they are unable to adequately support themselves.

The Family Court or Federal Magistrates Court can deal with spouse maintenance applications. If you are seeking de facto spouse maintenance, you need to meet certain criteria. See 'What about de facto partners?' below for more information.

Under the Family Law Act, a person has a responsibility to financially assist their spouse or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets.

Where the need exists, both parties have an equal duty to support and maintain each other as far as they can. This obligation can continue even after separation and divorce. The extent of the support depends on what the other party can afford to pay.


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