This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony And Child Support In India In Dallas
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Multi-State
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Dallas
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US-00004BG-I
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Divorce granted in India is also legally valid in the US.
The alimony or maintenance varies from case to case and depends on the number of children, age, assets of the husband, the earning capacity of the wife, and her education. But in general, you can expect up to 25%-30% of the monthly salary of the husband as maintenance for the wife and for children it is different.
A women can claim alimony if even she is the one who initiated the divorce proceedings. As per the thumb rule a wife can upto 1/3rd of her husband's salary as the amount for maintenance in case she is not working.
Ing 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.
Wife does not get half the share in divorce in India. If the wife has property in her name and is working and independent, she will not get anything. Only if there is a kid, can the wife claim maintenance.
In the Rajnesh vs Neha case, the Supreme Court established a new procedure for determining alimony in India. It introduced the requirement for both parties to submit an "Affidavit of Disclosure of Assets and Liabilities" during maintenance proceedings.
Ing to this act, the separation is granted by the court of law after receiving a petition from either wife or husband. Divorce is followed by granting alimony, child custody, and child visitation, distribution of property and distribution of debts.