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 Middlesex
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State:
Multi-State
County:
Middlesex
Control #:
US-00004BG-I
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FAQ
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.
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.
Divorce granted in India is also legally valid in the US.
What do I do if I want alimony? You can ask for alimony as part of a divorce proceeding. If you and your spouse reach an agreement about alimony, you can ask the judge to make the agreement a part of the court order. If you cannot reach an agreement, the judge will decide whether you are entitled to alimony.
For child maintenance from the father, in India you, the mother on behalf of the minor child can file maintenance petition under section 125 CrPC. You need to file petition in the district Family Court where you with your child is living. The cour...
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
For child maintenance from the father, in India you, the mother on behalf of the minor child can file maintenance petition under section 125 CrPC. You need to file petition in the district Family Court where you with your child is living. The cour...