When Can an NRI Parent Seek Relief From Child Support Obligations?

Indian law is rigid in the enforcement of child support. However, the law is flexible in the enforcement of child support. For example, an NRI parent pays support to the child, but the parent can request for modification of child support, or request for temporary child support relief, but only after the parent complies with child support modification or temporary child support relief request. 

 

Recognised Legal Grounds for Relief

 

Modification of child support may be considered for the following reasons:

●       loss of employment by the parent

●       the parent becomes seriously ill or disabled

●       the child is awarded to a different parent

●       the child becomes financially self-sufficient

●       the child is emancipated (turns 18) 

 

To support these reasons, a parent must provide documentation such as:

●       pay stubs or documentation of taxes paid

●       letter of termination from employment

●       medical documents

●       child’s income statements

 

Lawyer firms in India highlight that relief is generally granted by the legal courts only in the event that a financial change is clear due to a loss of employment, or there is sudden unexpected financial impact such as an unforeseen loss of employment.

 

Judicial Law Practice

 

Judicial law in India tries to strike a balance between:

●       the educational and medical needs of the child

●       the income-earning ability (capacity) of the parent 

●       the standard of living that the parent enjoyed before the dissolution of marriage or separation

●       the contribution of both parents to the child 

 

Judges in Indian Courts are obliged to apply the doctrine of the best interest of the child. A famous Indian lawyer's commentary on Maintenance Law states that the Indian Courts do not shy away from providing extreme measures, but they do protect the child from deprivation of basic necessities.

 

Does Foreign Divorce Affect Maintenance?

 

Orders of divorce and custody from other countries do not cancel Indian maintenance orders. Indian courts consider:

●       If the foreign court had the correct authority

●       If the foreign court proceeded with the correct principles of justice

●       If the order goes against the public policies of India

●       If the welfare of the child is properly safeguarded

So, foreign courts do not justify the end of maintenance.

 

Legal Steps to Seeking Reduction

 

An NRI (Non-resident Indian) parent needs to submit:

●       An application for modification of the maintenance order

●       Current maintenance financials

●       Relevant additional documents

●       Pleadings relating to jurisdiction

An Indian lawyer will keep the petition in line with procedural law so the petition will not be dismissed on technical issues.

 

Temporary Relief vs. Permanent Relief

 

Courts will sometimes give:

 

●       Temporary relief by reducing the maintenance order during the period of financial difficulties.

●       Permanent relief by modifying the maintenance order if the situation does not change.

 

So too will some courts give suspension of maintenance in extreme circumstances where the child can work and is therefore self-supporting.

 

However, complete cessation of maintenance is very seldom granted, and then only when the child is no longer entitled to receive maintenance in accordance with the law.

 

Parting Thoughts

 

An NRI parent does not have the authority to stop maintenance payments on children. There needs to be justification and a good change in circumstances in order to receive relief from the courts. Indian courts continue to protect children, no matter where in the world these children may be.