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Author Topic: what is considered in Giving Maintenance to wife  (Read 1531 times)

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Offline Pathak

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what is considered in Giving Maintenance to wife
« on: September 18, 2013, 11:28:33 PM »
What is considered in Giving maintenance to wife, I mean what are the factors a judge will look into before granting maintenance to a wife?

Offline advocatesingh

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Re: what is considered in Giving Maintenance to wife
« Reply #1 on: September 18, 2013, 11:31:48 PM »
while granting maintenance the honorable court will consider the following factors:

# Need of a party for spousal maintenance.
# Ability of a party to pay spousal maintenance.
# Sufficient length of marriage to establish “entitlement”.


Spousal maintenance decisions are based on the following main factors:
* Length of the marriage.
* Standard of Living during the marriage.
* Income of both parties.
* Living expenses of both parties.
* Age of both parties.
* Property apportioned to each spouse in the divorce.
* Education and employability of the spouse seeking maintenance.
* Any disability status affecting employability.
Singh and Associates
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Offline NRI LEGAL CONSULTING

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Re: what is considered in Giving Maintenance to wife
« Reply #2 on: September 20, 2013, 12:47:07 AM »
The judge looks at:
    Need
    Ability to pay
    Length of marriage
    Standard of living
    Age and health of both spouses
    Roles within the marriage (e.g. if the wife stayed home to raise children and lost career opportunities);

No-fault divorce – fault cannot be considered for spousal support;
pousal support is taxable to recipient, deductible by the payor;
Federal and provincial laws govern spousal support;

Offline AmolM

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Re: what is considered in Giving Maintenance to wife
« Reply #3 on: October 08, 2013, 08:20:18 AM »
Can we change the mutual divorce petition already filled in the court???
what will happen if we broke the conditions of mutual divorce petition???

 

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