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.

Section 24 of the Hindu Marriage Act (and equivalent provisions in other personal laws) allows a court to award maintenance pendente lite — during the pendency of the divorce or other matrimonial proceedings. This is separate from and in addition to Section 125 BNSS maintenance claims.

What interim maintenance covers: Monthly maintenance for the applicant and the children, plus a lump sum for litigation expenses — the lawyer's fees and court costs for the proceedings themselves. Courts typically award litigation expenses of ₹25,000–2 lakh depending on the court and the complexity of the case.

Timeline for interim maintenance orders: Family Courts are directed by the Supreme Court in Rajnesh v. Neha (2021) to decide interim maintenance applications within 60 days of notice to the opposite party. In practice, this varies — Delhi Family Courts often take 3–5 months; Mumbai Courts are faster in contested matters.

Calculation approach: Courts broadly look at the paying party's total income (gross salary, rental income, business income) and fix interim maintenance at 20–35% of net income for spouse and one child combined, adjusting for the applicant's own income if any. Show bank statements, salary slips, and ITRs for the last 3 years to establish the paying party's true income — especially important where income is underreported.

A maintenance order that is not paid is a major practical problem. Indian law provides several enforcement mechanisms, though the process is often slow.

Execution petition: File an execution petition in the court that passed the maintenance order (or the court in whose jurisdiction the payer resides). The execution court can:

• Attach and auction movable or immovable property of the payer under Order XXI, CPC.
• Attach salary at source — send a notice to the payer's employer to deduct and remit maintenance directly from salary before it reaches the payer.
• Arrest and civil imprisonment under Section 125(3) of the BNSS: a defaulting payer who fails to show sufficient cause can be sentenced to a maximum of one month's imprisonment per default month. This is a strong pressure tool in practice.

Contempt of court: If the payer disobeys a court order, a contempt petition can be filed. Courts impose fines and short imprisonment terms for wilful contempt, which creates strong incentive to pay.

Practical tip: Many recipients find that once a salary attachment notice is served on the employer, compliance follows quickly — the payer faces professional embarrassment and HR involvement. File the attachment application simultaneously with any contempt or execution petition.

Maintenance orders are not permanent and unalterable. Both the recipient and the payer can apply for revision under Section 25(2) of the Hindu Marriage Act (and equivalent provisions) if there is a change in circumstances material to the original order.

Grounds to increase maintenance (applicant's application):

• Significant increase in the payer's income (promotion, new business income, inherited property).
• Increased needs of the child due to education, medical expenses, or higher cost of living.
• Loss of the recipient's employment or health deterioration.

Grounds to reduce or cancel maintenance (payer's application):

• Recipient's remarriage — this extinguishes the right to spousal maintenance entirely under Section 25(2) HMA and Section 127(3)(b) BNSS.
• Recipient is living in adultery — a ground under Section 125(4) BNSS for cancellation of maintenance.
• Significant reduction in the payer's income due to job loss or illness.
• Child attaining 18 (or 25 if a full-time student).

NRI maintenance enforcement: Where the payer lives abroad, an Indian maintenance order can be filed as a foreign judgment in the country where the payer resides. India and many countries (UK, USA, Canada, Australia, Singapore) have bilateral or multilateral arrangements for enforcement of civil judgments. The Hague Convention on International Recovery of Child Support (which India has not ratified) governs this in signatory countries. Indian courts have also exercised jurisdiction against NRI payers by citing BNSS Section 144 where assets or family members remain in India.