• Child maintenance to include school fees

Hi,

My daughter is now 4.5 year old, since from the birth of my child I have not been taken to my husband's place hence I applied for restitution and maintenance for my child in March 2020. The court. has ordered monthly maintenance of 12k ( this includes her food, medical, clothing ) and my husband has filed for divorce. ( for not sharing 50 % of my salary equally for everything if he has to take e back )
Now my question is that time child was not going to school, I have paid myself the nursery school fee and now I have joined her to proper school and the annual fee is paid to reserve the seat. 
What option do I have? Can I apply for extension or should I file it separate ?
I have already submitted all the documents since I'm working. Do I need to submit again in case if I apply for extension.
What is the best option ?
Asked 3 years ago in Family Law
Religion: Hindu

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7 Answers

If child expenses have increased make application for increase in May for child 

 

2) submit details of expenditure incurred for child with supporting documents 

 

3) court would direct both  parties to bear expenses for child in proportion to their incomes 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

you may apply for an extension of the court's order for maintenance, if you have proof that the expenses of your daughter have increased due to school fees or other costs. You should submit evidence to the court to prove the increase in costs, such as receipts or a statement from the school. You may also need to provide evidence of your income and expenses to show that you need additional support for your daughter's care. The court will then consider your application and make a decision on whether to extend the order for maintenance.

You may also need to attend a hearing in court to discuss the matter further. It is likely that your husband will be present at the hearing and have the opportunity to present his views as well.

If you have any questions or would like further advice, it is best to consult a lawyer who is familiar with the laws of your state and can advise you on your specific situation.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes, you can file a petition to enhance the maintenance towards your child and produce the school bills.

You have to attach the copies of the school fee receipts along with the petition seeking enhancement of maintenance for your child

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Yes you can file a separate application now on basis of change in circumstances for enhancing child maintenance in said matter

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

- Since, the court has ordered for the sharing of the maintenance amount for the maintenance of the child , then the enhancement of the amount will also effect you as well. 

- Hence, you can move an application under section 127 CrPc  before the same court for the enhancement of the maintenance amount on the new cause of action .

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Madam,

Your husband has to pay 50% of school fees if your salary is equivalent to your husband salary.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear client,  

You can file an application for modification of the maintenance order, requesting an increase in the monthly maintenance amount to cover the school fees and related expenses. You can file this application along with the documents related to the school fee and expenses.

Alternatively, you can file a separate application for an interim maintenance order specifically for the school fee and related expenses. You can file this application along with the documents related to the school fee and expenses.

In either case, it is recommended that you consult with a lawyer who specializes in family law to guide you through the process and ensure that all legal requirements are met. You may need to submit the documents again along with the application for modification or interim maintenance order, as required by the court. The best option depends on your individual circumstances, and a lawyer can help you decide on the most appropriate course of action.

 

 

 

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

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