Alimony And Child Support In India In Queens

State:
Multi-State
County:
Queens
Control #:
US-00004BG-I
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Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Ing to the orders of the Supreme Court of India, 25% of the net income of the husband has to be granted to the wife as a benchmark. But it is not fixed. The amount of alimony has a range of 1/3rd to 1/5th part of the husband's salary, in general cases.

Under Section 24, a “deserving man” who does not have an independent income sufficient for his living and support and does not have the necessary expenses for the proceeding can claim maintenance from his wife if she can afford to do so. Section 25 allows permanent alimony and maintenance to the husband.

The alimony or maintenance varies from case to case and depends on the number of children, age, assets of the husband, the earning capacity of the wife, and her education. But in general, you can expect up to 25%-30% of the monthly salary of the husband as maintenance for the wife and for children it is different.

In a New York state divorce, child support generally continues under CSSA until you turns 21 if you are not self-supporting. The rule of thumb there is: military, married, or working full time. If you are in college, for example, child support should contribute to what your mother pays toward your educational expenses.

Spousal support may be ordered even when spouses reside together. In New York State a married person may be legally responsible to provide for the support of his or her spouse during their marriage, if that spouse lacks sufficient income or assets to provide for his or her own reasonable needs.

Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.

For one child, you take 17% of the parents' combined income, for two children you take 25%, for three children you take 29%, for four children you take 31% and for five children you take no less than 35% of the parents' combined income and this percentage amount represents the basic child support obligation.

Not all divorces qualify for alimony. Courts consider factors like the length of marriage, income disparity between spouses, and ability to be self-sufficient.

More info

You can go to Family Court for a court order for child support from the other parent. Support, Adult Dependent (Developmentally Disabled).At the Law Offices of Elliot Green, we provide superior legal assistance to the Hindu community when filing for divorce or resolving any family law matter. The Law Department assists local and out-of-state custodial parents in establishing an order of support from non-custodial parents. Worksheets to calculate guideline amounts of maintenance and child support. Optional tools to help with calculations are below. Child support concerns? Spousal support questions? If you have an existing child support order and need to add another child to the order, you will need to complete a. Petition for Modification.

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Alimony And Child Support In India In Queens