Child Maintenance After Divorce in India – How it Works?    

Family Law
Child Maintenance Alimony

Child maintenance alimony, also known as child support, is a legal obligation in India that ensures the financial support of a child from separated or divorced parents. The obligation is generally imposed on the parent who does not have custody of the child. The primary objective of child maintenance alimony is to ensure the welfare and well-being of the child.   

Child Maintenance After Divorce in India

The objective of child support is to provide for the child’s needs and ensure their well-being, irrespective of the separation or divorce of their parents.   

Under Indian law, child maintenance alimony is the obligation of both parents to provide for their child’s needs. The parent who has custody of the child is responsible for the child’s day-to-day care. In contrast, the non-custodial parent must contribute to the child’s financial support through child maintenance alimony.   

The court determines child support based on both parents’ income, the child’s needs, and their pre-separation lifestyle. The court may consider age, health, education costs, and special needs.

In cases where the custodial parent’s income is significantly higher than the non-custodial parent. Then court may order the custodial parent to pay some amount of child maintenance to the non-custodial parent.   

The objective of child maintenance alimony is to ensure that the child’s needs are adequately provided for, irrespective of the financial status of their parents. It is important to note that child maintenance is not just limited to financial support. It also includes expenses related to the child’s education, medical care, and any other special needs they may have.   

Who is Eligible for Child Support?   

In India, both parents are responsible for providing for their child’s needs, including financial support. However, the parent with custody of the child typically receives child maintenance alimony from the other parent.   

Under the Hindu Minority and Guardianship Act 1956, the father is the natural guardian of a Hindu minor. However, the mother becomes the natural guardian when the father is unavailable or cannot fulfill the responsibilities. In such cases, the mother is entitled to receive child support from the father.   

Similarly, under the Muslim Personal Law (Shariat) Application Act, 1937, the father is the natural guardian of his minor children. However, if the father cannot fulfill his responsibilities, the mother can act as the natural guardian and is entitled to receive child support from the father.   

Unmarried parents

It is important to note that child maintenance alimony is not limited to married couples. Unmarried parents can also be held responsible for supporting their children financially. In such cases, the child’s father is responsible for paying child maintenance alimony to the mother or the child’s legal guardian.   

Furthermore, if a child is adopted, the adoptive parents are responsible for providing for the child’s financial needs, including child maintenance alimony. The adoptive parents are considered the child’s legal parents and have the same responsibilities as biological parents.   

In some cases, the court may order the custodial parent to pay some amount of child maintenance to the non-custodial parent. This usually happens when the custodial parent’s income is significantly higher than the non-custodial parent’s.   

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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