When can alimony be denied?

When can alimony be denied?

Most jurisdictions will allow the court to award alimony after denying or not addressing it where the divorce judgment were reached in error, due to such factors as fraud, accident, or mistake. This might happen when one spouse was hiding assets or where the Court made a math error in calculating alimony.

How long does an ex husband have to pay alimony?

If you were married, you have 12 months from the date of your divorce to apply for spousal maintenance. If you were in a de facto relationship, you have two years from the date of final separation to make the application.

How can I prove my wife is working?

you can tell the court that the women is working in an xyz organisation and the court can summon that employer to give his or her statement, also you can file an rti application if the organisation is govt aided or owned or run. also you can file an rti application asking for the pf details of the concerned person.

Is it compulsory to pay maintenance to wife?

The Supreme Court has set a bench of 25% of the husband’s net salary to be paid as alimony to the estranged wife. The section 125 states the wife asking for maintenance can be of any age—minor or major. It is mandatory for her to be a legally married woman.

How do I prove my wife is working in a maintenance case?

Wife is earning, how to get proof for the same for maintenance…83 votes. well she is working in gov’t school.. Approach the District Education Officer concerned through RTI and request him to furnish service statement of your wife for last one year. You can file the copy of the ITR , and also take out her account statements.

How do you win a maintenance case?

Your maintenance case is largely dependent on you proving that your child needs the requested amount. If you do not have proof, or cannot prove it, even if you show that the father can afford it, the court won’t order him to pay it. The court would only order him to pay what is fair and proved.

Who is entitled to maintenance?

According to Section 125(1), the following persons can claim and get maintenance: Wife from his husband, Legitimate or illegitimate minor child from his father, Legitimate or illegitimate minor child (physical or mental abnormality) from his father, and.