• Alimony and maintenance amount in divorce cases

I am 59 years of age and into own business, my son aged 28 years and his wife 26 years got married 3.6 years back ,they have no issue (Children) 
My son is working in my company as he has done degree in Marketing and drawing monthly salary of 40000 per month. His ITR for past 3-4 years is also reflecting same amount as income,His wife is qualified in foreign language and earning 750 per HR in tuitions and due to some compatibility reason his wife likes to take divorce. My question is does maintenance and Alimony is decided taking into account sons father status too or just son income is considered.
2nd question is considering above income of son what is expected alimony.
3rd: in case son does not have money to pay one time alimony can he request court to fix monthly maintenance rather one time payment.
Asked 4 years ago in Family Law
Religion: Hindu

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14 Answers

1. Only the income of the spouse would be considered while granting maintenance to the wine under the provisions of section 125 CRPC and under the provisions of DV act. Father's income is not considered.

2. If the difference of income between your son and your daughter in law is not a lot, then she would not be liable to claim any maintenance from him as the provisions of maintenance are only for those females who cannot maintain themselves on their own and to avoid vagnancy.

3. Yes. Court would only award monthly maintenance amount to the wife, not fixed alimony.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Sir

As per the information provided the wife wants to take divorce,if possible ask for mutual consent divorce.Else intalments can also be fixed if the presiding officer is satisfied.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Only son income is concerned

2) offer to pay Rs 10 lakhs as alimony

3) he can offer to pay monthly maintenance

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Sir the sons income is considered father income and property are not considered.

She can ask for 10-15 lakh rupees she will always ask the higher amount but the court will not grant same as prayed further she is earning so the alimony maintenance can be contested.

Yes he can ask for monthly payment of maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) Yes, court may grant maintenance and alimony to her as per his income and her living of standard as per husband house living of standard. court may grant alimony and maintenance.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt

Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary

The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.

A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.

Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.

HOW TO CALCULATE ALIMONY

1)what is the max alimony can claim from him?

Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

You get total compensation of Rs.1 Crore Rs.20 lakhs.

2)can I ask for a property?

Ans: You have no right over property but its notional income may be added to the salary .

How to Reduce Alimony Payments

What a judge will look at in considering a request to reduce alimony payments.

When a marriage ends, it's not unusual for one spouse to pay alimony (also called "spousal support" or "maintenance") to the other after the divorce. The marital settlement agreement and/or the court's divorce judgment will contain an order that defines the terms of the alimony payments, like how much will be paid each month and when the payments are due. Some orders also say when alimony ends--this might be a specific date or be connected to an event, like the remarriage of the spouse receiving alimony.

The order may also describe circumstances under which alimony can be modified (changed) - for example, if the paying spouse becomes unemployed. Some agreements and orders may state that the amount of alimony can't be changed under any circumstances.

You will Need to Show a Change In Circumstances

If the settlement agreement or order doesn't address the issue of when alimony can be modified, then either spouse is free to seek a change to alimony by filing a request with the court. For example, a paying spouse who can no longer afford alimony must ask the court to make a change, and must prove why the reduction is justified. In order to convince the court to reduce (or even terminate) alimony, the paying spouse must demonstrate a significant change in the financial circumstances of one or both spouses, such as:

• the involuntary loss of a job or wage reduction

• an illness or disability that prevents the paying spouse from working

• the remarriage of the supported spouse

• the supported spouse's cohabitation with a new partner, or

• and increase in former spouse’s income.

The change in circumstances must be significant though - the judge won't grant a reduction based on a minor adjustment to either spouse's income or other financial resources.

Once a motion to modify alimony has been filed, the court will typically allow the spouses to conduct "discovery," meaning each will be entitled to ask the other to produce financial documentation showing the ability to pay support and/or the need for financial support, such as paystubs, tax returns, and financial statements.

Getting Help

Modifying alimony can be complicated; discovery and trial court procedures generally require legal expertise. If you have questions about changing alimony, you should contact an experienced family law attorney for help.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

The court decides the actual amount to be paid as alimony. The amount is calculated to keep in view many parameters like the income of the partners, societal status, the standard of living, the number of children, the number of years spent together and the emotional attachment. There isn’t any fixed formula to calculate the amount of alimony but generally, it is the 1/3 or the 1/5 part of the salary of the paying spouse.

When wife is earning- If the husband has very high income and a respected financial status then the wife is entitled to alimony.

When wife is not earning- An alimony amount is to be paid by the husband to ensure that the wife is maintaining the same standard of living like his.

When she remarries- The alimony stands invalid and the husband has to pay for the children if any.

If the husband is unable to earn or is disabled, the court may ask the wife to pay the alimony.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

The alimony is decided by the court on the basis of claims of other party and court after considering the socio-economic background are both the parties decides the amount

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

hello

if the wife has decided to take divorce it is obvious that she will no longer work in your co.in that case she will be entitled to maintenance and therefore the maintenance amount has to be decided as per his earnings. the alimony is based upon a lump sum amount and more or less depends upon the judge and the lawyers. yes, the court may order that the alimony is paid in installments.

regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

Permanent alimony is discretion of court if the girl is capable of earning court can refuse to give alimony. Only your sons income will be taken into consideration while calculating for maintenance. Usually the maintenance amount will be 1/5th of his salary since she is capable of earning court can still reduce amount further. If your son pays monthly maintenance she cannot remarry as such press for monthly maintenance rather than permanent alimony.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear client

Family status would be seen for granting alimony and only sons income would be seen for granting maintenance. For grant of alimony many things are considered eg the life style before and after maririage, dowry articles given at the time of marriage, gifts, car, expenses in marriage income of husband etc etc anf for maintenance around 15k to 20k would be granted.

Adv vikas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

1) No, father status is not considered

2) Depends on the claim

3) Yes

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

1. just the income and status of the son is considered while deciding the alimony and the maintenance.

2. Alimony depends upon the claim that will be made by her in the petition, there is no mathematical formula to calculate the same.

3. Yes, he can.

It will be better if the matter can be resolved amicably.

Two parties can sit together and see if on mutual conditions as mutual consent divorce can be taken.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. The maintenance will be considered on the proved income of the husband of the claimant wife and not based on his father's income.

2. Since her employment is not a permanent one neither she is drawing a regular income or monthly salary, the court may consider her petition for maintenance in the basis of the income which has been proved based on the documentary evidences, to the extent of at least 25%.

3. There is no compulsion on the respondent to pay one time lump sum amount in the name of alimony, he can very well refuse to pay the one time settlement and may agree for monthly maintenance amount also.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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