Alimony And Child Support In India In Travis
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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.
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.
Often, people confuse alimony with child support. However, they are two completely different types of financial remedies. In simple terms, the financially weaker spouse receives alimony. Whereas child support is about providing financial assistance by one parent to the other, who has custody of the child.
Though alimony is the part of taxable income for the spouse who gets it but on the contrary the child support is exempted from tax for the person who is granted with the child financial support. The spouse who is paying the child support already pays the tax levied on the support amount to the government.
Alimony is spousal support and provides financial assistance to one spouse from the other. It aims to help the recipient maintain a similar standard of living to the one they had during the marriage. On the other hand, child support is considered financial support for children.
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.
In the Rajnesh vs Neha case, the Supreme Court established a new procedure for determining alimony in India. It introduced the requirement for both parties to submit an "Affidavit of Disclosure of Assets and Liabilities" during maintenance proceedings.
For child maintenance from the father, in India you, the mother on behalf of the minor child can file maintenance petition under section 125 CrPC. You need to file petition in the district Family Court where you with your child is living. The cour...
