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About alimony and baby maintenance from NRI husband About alimony and baby maintenance from NRI husband

4 months ago

Hello everyone,
I m married for 6 years but my marriage was always rocky. Before marriage my husband was working in US and he promised me that after marriage we will settle there. He promised me that I will do my PhD there and start earning. I have done my Mtech from IIT. After marriage my husband had some visa problem so we had to stay in India for 1 year and 9 months after marriage. I didn't search for job because my husband always said that we can go to US anytime and there is no sence in searching jobs now. after we went to US in 2019, we had a fight just after 3 months and I came back to India. I stayed here for 1.5 years and during that time my husband or his family made no contact with me or didn't support me financially. I found a job and was working but since I had a gap and no work experience, my job was not very high earning. After 1.5 years, I thought to apply for divorce and since he was not contacting me, we made a police complaint. His family came to police station and asked to reconcile which I agreed. I went back to US in 2021. We had good 2 years and had a daughter in november 2022. Right after our daughter was born I travelled to India with my mother to meet out family in India. It was planned tht I will return after 2 months when my husband will come to India and we will travel to US together. But after he came to India he left me here saying tht i should come after his brother's marriage (whose date was not even fixed and eventually fixed as 7 months later). After returning to US, he gradually cut contact with me AND his daughter. Today it has been 5 months that we didn't talk and 3 months that he has not talked to his daughter. I was initially in contact with his family biy after facing so much disrespect and seeing no good change in my husband I stopped going to my Inlaws. My husband came to India last month for his brother's marriage tht I didn't go. But he did not come to meet me or his daughter. Not even talked to her. I m looking to divorce him now but I am concerned for my baby's future. So my questions from legal point is:
1. Can I get divorce based on mental cruelity and abandonment.?
2. My husband is in US, and he will not come to India for hearings so will that delay the divorce or how will that work?
3. How much alimony and child support will I get.? My husband earns in US dollors which is around 2.5 lakhs per month net (excluding taxes and PF etc.).
4. I have again started working does that make me inelegible for alimony.? My career is literally ruined because after reaching US, my husband didnt do anything to boost it. Didn't get me into any college saying tht he cant pay the fees. So now again i had to start my career from scratch.
5. How does alimony and child support work if I decide to remarry?
6. If my husband pays child support does he automatically get visitation rights etc.?
Please reply.

Anik

Responded 4 months ago

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A.Dear Client,
In matters of divorce and child custody, it's crucial to consult with a family law attorney who can provide advice tailored to your specific situation. Generally, grounds for divorce can include mental cruelty and abandonment, but the legal procedures can vary based on the jurisdiction involved. In international cases like yours, it might involve additional complexities. Your husband's absence during hearings may indeed impact the process; your attorney can guide you on how to address this. Alimony and child support calculations depend on various factors, including your respective incomes, child custody arrangements, and living expenses. Your career restart and earning income might be considered in alimony discussions. Remarrying could influence alimony but generally does not impact child support. Child support and visitation rights are usually separate matters, and paying child support does not automatically grant visitation rights. Consulting a family law attorney will provide the most accurate advice tailored to your specific situation and jurisdiction.
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