What is the provision for child maintenance in Mutual divorce
2 years ago
I am going through mutual divorce after 10 years of marriage. Have one girl child who will stay with my wife and she will have the full custody.
I am giving money and flat as one time settlement towards alimony and for child. So on divorce petition below are the points I am writing -
- XYZ money for the wife and the child
- leaving my portion of the flat and making wife as the sole owner. Hence , wife cannot claim any further for " herself " and /or on behalf of the child and wife is relinquishing and waving off all her rights for any future claim for herself and / or on behalf of the child.
Based on these above two points as suggested by my lawyer I want to know from experts here -
1. Based on mentioned above points , I can clearly understand that my wife cannot claim further after divorce either for herself or on behalf of my daughter..........But, I want to know can my daughter who is 5 years old now claim separately for child maintenance again when she will grow up say 15 years old or later on till she is not married ?
2. Incase daughter asks later on for giving her child maintenance , can I show her the divorce paper to tell her that during divorce I did give money and my portion of the flat both for her mom's alimony and for her as well? Or will I be still liable to pay a separate money to my daughter if my daughter asks separately ?
3. When my daughter is 5 years old now , can anyone else from my wife's family ask for child maintenance on behalf of my daughter because my wife cannot claim as I am writting on paper that wife is relinquishing and waving off her rights to ask for further claim ?
4. After divorce, I might marry someone and I don't want to spend a single penny on my previous marriage as I am giving enough during divorce already. So all these above information I gave you in details because I want to know """""Can my daughter still come to me and claim again from my future property , future savings or my salary when in divorce petition it is written clearly that the cash I am giving for the wife and the child and flat I am making wife the sole owner and hence wife cannot ask or claim further for herself or on behalf of the child ?"""""""
Incase daughter still claims maintenance , what should I do as I want to save all my future property , my savings , money for my second wife and children from second marriage ?
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Your daughter can claim maintenance in future until she age of 18 years or she started earning. Although, your wife cannot claim maintenance after the divorce. Option you have is to make clearly mention in the divorce petition that what your are leaving for your daughter and what for her mother.
Thanks.
Make sure what you are leaving for your daughter and what for your wife. So that there could be no confusion in the future.
Also your wife cannot ask you any maintenance after the divorce except the term agreed by you and her. Although your daughter can claim maintenance in future until she attains the age of majority or she started earning.
Thanks.
late on if anything goes wrong because of any reason like her mother marries again or mother is not taking care of her then she can file a case of maintenance on you. So, you need to ensure that her maintenance is fullproof and no possibility of coming back to you with a case.
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