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.

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