In India, the court determines child and spousal support (also known as maintenance or alimony) based on various factors, aiming to ensure the child's welfare and a fair distribution of financial responsibility between the spouses. There isn't a fixed formula, and the court considers the specific circumstances of each case.
Factors considered for child support:
Parents' income and financial capacity:
The court assesses the income, assets, and earning potential of both parents.
Child's needs:
This includes expenses related to the child's education, healthcare, extracurricular activities, and other necessities.
Custody arrangement:
The amount of time each parent spends with the child and their role as caregiver are considered.
Child's age and special needs:
The court may take into account the child's age, particularly in relation to the age of majority, and any special needs or disabilities.
Factors considered for spousal support (alimony):
Financial status of both spouses: This includes income, assets, and liabilities.
Duration of the marriage: Longer marriages often result in higher alimony payments.
Earning capacity of each spouse: The court assesses the potential for both spouses to earn income, considering their education, skills, and work experience.
Contributions to the marriage: This includes non-monetary contributions, such as homemaking and child-rearing.
Standard of living during the marriage: The court considers the lifestyle enjoyed by the couple during their marriage when determining the amount of support.
Health and age of each spouse: The health and age of both spouses can influence the alimony amount.