How much maintenance do you need to pay up?

It is very important to know how much maintenance can be decided against you. If you have a wife who is not working, the maintenance can range between 30% to 40% of your in-hand salary or income. If you have a child and your wife is not working, it can range from 50% to 60%. If you have two children and a wife, then 60% to 70% of your in-hand income will be ordered as maintenance. It is still important to know that the order of maintenance will be from the date of application, as per the Supreme Court guidelines in Rajnesh versus Neha.

Now, it is crucial to assess how much arrears you will incur if you fight the maintenance case, or whether it is better to settle the case and reach a reasonable agreement. You have to decide which option is more economically viable for you. Calculate the legal expenses involved over the years, as well as the mental harassment and time spent in fighting these cases. It is essential to understand the clear picture before proceeding with maintenance cases.

Whether you want to settle your case or fight it is up to you, and you have to decide which option is economically feasible. Consider whether you can negotiate a settlement or go for a full-fledged maintenance battle. Wealthier individuals often opt for settlement instead of engaging in prolonged legal battles, as contesting the maintenance case may not be economically favorable in the long run. Therefore, think carefully about whether to pursue a settlement or engage in a full-fledged maintenance battle.

The estimates provided earlier are conservative and may vary across tier one, tier two, and tier three cities. It’s essential to consider the above chart when calculating your in-hand salary or income, which will be closely scrutinized by the court to determine maintenance amounts.

Many may argue that they did not want their wife and child to leave the matrimonial home, and they’re willing to support them financially. However, this argument may not sway the court, especially at the interim stage where the focus is on fixing the maintenance amount regardless of fault. All arguments will be considered during the trial phase, but interim decisions prioritize immediate financial support.

During the interim stage, only the income affidavit filed by you or your spouse will be considered. Claims about business expenses or other deductions may not hold sway at this stage. The court will later delve into the specifics of what expenses are considered legitimate.

For business owners, income assessment can be complex. Even if income tax returns indicate lower earnings, bank statements and lifestyle indicators may suggest otherwise. Courts may assess your standard of living, including employee salaries and business expenditures, to determine your ability to pay maintenance.

In one case, a client claimed significant business losses despite substantial employee salaries. The court deemed this explanation unconvincing, considering the client’s ability to maintain a lavish lifestyle. The court ordered a substantial maintenance payment based on lifestyle indicators rather than reported business losses.

In maintenance proceedings, lifestyle indicators such as clothing, gadgets, and vehicles can play a significant role. The court considers these factors alongside reported income to determine maintenance obligations accurately.

Really wisely setting your ego aside that you have to pay to the wife for why you have to Paying a settlement amount to the wife may seem like a quick resolution to end legal proceedings. However, it’s crucial to weigh the potential long-term implications, especially regarding maintenance payments. Settling may entail agreeing to a lump sum payment, but ongoing maintenance obligations could result in significant financial burdens over time, particularly if they fall within the ranges mentioned earlier.

Before deciding whether to settle or fight the case, it’s essential to carefully assess the financial implications. Consider the potential costs of legal fees, arrears, and ongoing maintenance payments against the benefits of reaching a settlement. Additionally, evaluate the likelihood of success in court and the potential outcomes of litigation.

Ultimately, making a wise decision in maintenance cases requires thorough consideration of both short-term and long-term consequences. Consulting with legal experts and financial advisors can provide valuable insights to help you make an informed choice that aligns with your best interests.

It’s unfortunate that some legal professionals may not fully disclose the potential financial implications of maintenance cases to their clients. As you rightly pointed out, not being aware of these figures can lead to surprises and potentially unfavourable outcomes for the client.

Your example highlights the importance of carefully considering settlement offers and understanding the long-term implications of maintenance payments. In some cases, settling for a higher amount upfront may be more beneficial than dealing with arrears and ongoing maintenance payments later on.

As a legal professional, it’s crucial to provide clients with a clear and realistic picture of their situation, even if it may not be what they want to hear. This enables them to make informed decisions about whether to pursue a settlement or proceed with litigation.

Ultimately, transparency and open communication between legal professionals and their clients are essential for ensuring that clients fully understand their options and can make the best decisions for their circumstances.

Nitish Banka

Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997