Do I have to pay alimony for my child after divorce?

Both parents share the legal duty to maintain their child, regardless of who has custody. This is a fundamental obligation that cannot be contracted out of — a parent cannot escape liability simply because the other parent earns enough.

The right to maintenance belongs to the child, not the custodial parent. Even if the parents have agreed to no maintenance at the time of divorce, the child can later seek revision through their guardian. The obligation applies to:

(1) Biological children, whether of marriage or born outside marriage (per the Supreme Court in Revanasiddappa v. Mallikarjun, 2023);
(2) Adopted children;
(3) Step-children in some circumstances;
(4) Children with special needs, indefinitely.

Two main legal routes, often used in parallel:

(1) Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 125 CrPC) — a secular, fast-track summary remedy available regardless of religion. The Magistrate can order interim and final maintenance after a summary hearing. This is the quickest route.

(2) Personal law — for Hindus, Sections 24, 25 and 26 of the Hindu Marriage Act, 1955 and Sections 18-20 of the Hindu Adoptions and Maintenance Act, 1956. Comparable provisions exist for other communities.

The Supreme Court in Rajnesh v. Neha, (2021) 2 SCC 324 laid down comprehensive guidelines. Both spouses must file an Affidavit of Assets and Liabilities disclosing income, expenses, dependants and standard of living. The court then weighs:

(1) Income of the paying parent — salary, business income, rental income, capital gains;
(2) Lifestyle of the child before separation — school fees, medical bills, extracurriculars;
(3) Reasonable needs going forward;
(4) Number of dependants on the paying parent;
(5) Status and income of the claiming parent.

There is no fixed percentage, but courts often look at 15-30% of the paying parent's net income per child, depending on circumstances.

Step 1 — Engage a reputable, specialised family lawyer. See our family lawyer guide.

Step 2 — Gather proof of the other parent's income — salary slips, ITRs, bank statements, Form 26AS, property records.

Step 3 — Document the child's needs — school fee receipts, medical bills, lifestyle expenses, projected costs.

Step 4 — File the petition before the Family Court or Magistrate. Under Section 144 BNSS the application is summary; under the Hindu Marriage Act it can be added to a divorce petition.

Step 5 — Apply for interim maintenance immediately. Courts grant pendente lite maintenance to prevent hardship while the case is pending.

Step 6 — Enforce. If the paying parent defaults, file a recovery petition. Persistent default can lead to attachment of salary, property, even arrest.

Maintenance generally continues until the child attains 18 years of age (the age of majority under the Indian Majority Act, 1875).

Important exceptions:

(1) Unmarried daughter — maintenance continues until her marriage, even past 18, under Section 20 of the Hindu Adoptions and Maintenance Act;
(2) Child pursuing higher education — courts increasingly extend maintenance to cover college and professional courses;
(3) Child with disabilities — maintenance can continue for life;
(4) Married daughter from a Hindu marriage — generally not entitled after marriage, but if her husband cannot maintain her, she can revert to her father's obligation.

Conversely, a parent can apply to reduce or stop maintenance on showing material changes in circumstances — loss of job, fresh dependants, or that the child has begun earning. See our related guide on divorce in India.