- 21-Dec-2024
- Family Law Guides
The process to claim child maintenance after a divorce involves several legal steps to ensure that the child receives adequate financial support from both parents. Below is an outline of the general process:
The first step in claiming child maintenance is determining the need for financial support for the child after the divorce. Both parents are usually responsible for providing for the child’s basic needs, including food, education, healthcare, and other essential expenses.
If both parents are cooperative, they may negotiate a maintenance agreement. This can be done informally or with the help of a mediator or family lawyer. A written agreement outlining the amount and frequency of payments is often signed by both parties to avoid future conflicts.
In many cases, especially where parents are unable to agree on the maintenance terms, the process will involve formalizing the arrangement through legal means. This could involve:
If informal negotiations fail, the custodial parent can file a petition in family court to request a formal child maintenance order. The court will review both parents’ financial circumstances and other relevant factors before determining the amount of child maintenance.
In court, a judge will consider:
Once the court has made its decision, it will issue a legally binding child maintenance order that specifies the amount, frequency, and method of payment. The non-custodial parent is legally obligated to comply with the order.
If the non-custodial parent fails to make payments as per the court order, the custodial parent can seek enforcement through the court. Enforcement options include wage garnishment, property liens, or even imprisonment in extreme cases.
Child maintenance orders can be reviewed or modified if there is a significant change in circumstances, such as a change in income, employment, or the child’s needs.
A divorced mother seeks child maintenance for her two children. She initially tries to negotiate with her ex-husband but they are unable to reach an agreement. She then applies for child maintenance through the family court. After evaluating both parents' financial situations and the children's needs, the court issues an order requiring the father to pay ₹15,000 per month for child maintenance. If he defaults, the mother can request wage garnishment or pursue other legal enforcement measures.
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