Divorce

Alimony and Child Support in India & How it Works?

A brief description of India's spousal and child support. Some rules and conditions must be followed in the case of child support alimony in India.

When a married couple decides to divorce for any reason, you have a higher chance of paying spousal support or “Alimony” to your spouse. This can be a possibility that you do not have to give spousal support, but it is a rare case. For this, several conditions need to be fulfilled. 

And if you both have children, you may have to give child support, too, if the custody goes into the hands of the mother of the children. It is also essential for you to know about child support alimony in India. The laws and rules may change in various conditions, but the basic rules are always the same. 

What is Spousal Support?

Spousal support is also termed alimony. According to Indian laws, spousal support is financial support given to the spouse to sustain their lifestyle after divorce. Spousal support is provided monthly, but if the spouse wants, they can take it in a lump sum. 

The court can declare the particular time duration for which the spousal support is given. The spousal support can be stopped if the spouse gets remarried. The spousal support is provided so the spouse can get help in maintaining the lifestyle they were used to before divorce. But the spouse, who wants the feed of the pensioner, does not get it automatically.

What is Child Support?

Under the Indian family and public policy laws, the parents must provide child support for the child’s sustenance. For the financial support and benefit of the child, the non-custodial parent has to pay child support. This happens when the couple separates, whether from wedlock or relationship. 

Child support is paid by the obligator of the guardian of the child every year continuously. And the guardian has to use this feed for the care and maintenance of the child. The obligator can also be a relative and not a guardian. 

How the Child Support and Spousal Support calculated?

There are various factors which are needed to be watched over when calculating child support and spousal support. These factors must be looked at carefully by the judge before giving a final judgment. 

Alimony Laws in India

Spousal support calculation

Under section 25 of the Hindu marriage act, alimony is given to the spouse after getting divorced. So if the wife is a working woman and earns her livelihood, then the difference would be checked between the earnings of the husband and wife. If the difference is considerable, the wife will get alimony after divorce. In some cases, even husbands can get alimony if the husband is unable to earn or disabled and the wife is earning. If the wife is unemployed, her age, educational qualifications, and earning capability are considered to calculate the alimony.

Factors affecting the spousal support calculations

Following are some factors considered in the court’s laws and rules. 

  • Incomes of the husband and wife, and other assets like property, stocks, etc.
  • Court also considers the conduct of the husband as well as the wife.
  • EMIs, loan repayments, income tax, etc., are mandatorily deducted from the spouse’s income to calculate the spouse’s net income.
  • Liabilities on spouses like dependent parents are also considered in the process.
  • Lifestyle and social status are also taken into consideration.
  • Age and health conditions of both spouses.
  • The duration of marriage of both people also affects the alimony.
  • If they have children, then the expenses of children are also added to alimony.

Whether child support also comes into the picture if they have children. But, if they do not have a child, there are some general conditions benchmarks. According 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. 

Child Support Calculation

Child support is the financial support for the infants, which both the parents have to contribute. If the child’s parents are not married, i.e., they are in wedlock. Then the custody of the child gets in favor of the mother automatically. And the father has the right to visit the child. Here, both parents have to contribute to the child’s support. If one does not earn enough, they can re-evaluate their contribution ratio. But if the parents are married, custody is given to one of the parents after divorce. Generally, custody goes to the mother. But in some cases, it can also be handover to the father. The court decides on child support based on the expenses of the child. Factors like the parents’ lifestyle, education of the child, health insurance, EMIs on the parent, and other liabilities and assets of parents are seen for calculating the Child support. 

Rules for Child Support

Child support is completely free from tax. So, the child support is not tax-deductible, then there is no effective requirement for reporting. But the parent should declare the child as a tax dependent. Tax dependant refers to someone dependent on someone else for financial purposes. Generally, for tax purposes, the child depends on their custodial parent. If just the agreement of divorce or separation states that the child can be treated like a tax dependent, then there is no necessity to do some other process. But, if it’s not, the parent may claim the child as a dependant as per laws.

Rules for Spousal Support

There are some rules for spousal support. To get spousal support, they must fulfill the rules mentioned below.

  • You can’t file an average tax return.
  • The payment system must be in cash, check, or money order.
  • Payments should be made under a separation agreement.
  • Price is not marked as non-alimentary under the divorce or separation agreement.
  • When payments have been made, partners will live in a separate place.
  • There is no provision for compensation to continue if any partner dies.
  • Amounts are not considered child care or land compensation.

Implications of Not Paying Child Support and Spousal Support

The court had decided the child and spousal support amounts and the payment schedule. The obligators have to pay these fees, and if they refuse to pay them, the following actions can be taken against that person. 

  • Their properties can be seized.
  • Their business license can be canceled.
  • Their driver’s license can be suspended. 
  • Their tax refund can be stopped.
  • Salary garnishment.
  • They can also be sentenced to jail.

If someone cannot pay the compensation of child support or spousal support, they must inform the court as soon as possible. So they do not have to get into any problems.

Conclusion

This is all about child support and spousal support. You can check the Vakilsearch website and blogs to learn more about such topics. It is essential to understand the local laws and regulations. If there is any change in the financial conditions after the case settlement, the person should consult with an attorney to avoid any other problems. 

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