Alimony And Child Support In India In Wake
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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.
Often, people confuse alimony with child support. However, they are two completely different types of financial remedies. In simple terms, the financially weaker spouse receives alimony. Whereas child support is about providing financial assistance by one parent to the other, who has custody of the child.
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.
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.
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.
