Child support is one of the most important forms of alimony or spousal support post divorce. As child support is for the benefits of the child both the parents are expected to take the initiation to make proper provisions on child support alimony. Incase if it is a mutual divorce, parents should consult the lawyer to help them in dealing with the child support prior to the filing of the divorce petition. In a contested divorce the receiving parent must make it a point to claim a hansom amount from his or her spouse as the sum of money for child support is solely concerned with the welfare of the child.
Child custody is well related to child support as the parent who is awarded with child custody is the one who receives child support from the other parent or the one who gets the visitation rights. Though alimony is the part of taxable income for the spouse who gets it but on the contrary the child support is exempted from tax for the person who is granted with the child financial support. The spouse who is paying the child support already pays the tax levied on the support amount to the government.
Child support and visitation rights also have a positive effect on the child. Due to frequent meetings with the separated parent will make him or her believe that he or she is still close to the parent. On receiving both the emotional and financial support from the other parent will certainly lead to a feeling that his or her parent still loves and cares for him.
THE GUARDIANS AND WARDS ACT,1890
Power of the court to make order as to guardianship
entitled to apply for order
Custody Under Hindu Law:
The Hindu Minority and Guardianship Act, 1956
contains a provision which lays down that custody of a child upon the age of five should ordinarily be with the mother. Under other personal laws, though it is no such statutory provision, the Indian courts have consistently taken view. The following observation of Beaumont, CJ. represents the judicial knew ......if mother is a suitable person to take charge of the child quite impossible to find an adequate substitute for her for the child.