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Our Legal Expertise

What Is Child Maintenance?

Child maintenance is the legal obligation of a parent with sufficient means to support a child who cannot maintain themselves. In India, child maintenance can be claimed under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 26 of the Hindu Marriage Act and other applicable laws.

The applicable provision depends on the circumstances of the child and the proceedings already pending:

Provision Who Can Use It Court
Section 144 BNSS Any child, through the custodial parent or guardian Magistrate or Family Court
Section 26 HMA Parents involved in matrimonial proceedings Family Court
Section 20, Hindu Adoption and Maintenance Act Hindu children, including an unmarried daughter Civil Court or Family Court
Section 20, PWDVA Child of an aggrieved woman Magistrate

Both parents are liable in principle. In practice, maintenance is generally paid by the parent with greater means to the parent who has custody of the child.

Until What Age Is Child Maintenance Payable?

Maintenance generally continues until the child turns 18. It can continue beyond that where the child is unable to maintain themselves because of a disability.

For Hindu families, an unmarried daughter may claim maintenance until marriage under Section 20 of the Hindu Adoption and Maintenance Act, subject to the statutory requirements.

The position can differ depending on the child's circumstances:

  • A minor child can claim maintenance under Section 144 BNSS.
  • A major child with a disability can remain entitled under Section 144 BNSS.
  • An unmarried Hindu daughter can claim maintenance until marriage under the Hindu Adoption and Maintenance Act.
  • A major son pursuing education does not have an automatic right, although courts may order parental contribution in appropriate circumstances.

How Much Child Maintenance Can You Claim?

There is no fixed percentage or universal formula for calculating child maintenance.

The court considers the child's reasonable needs alongside the financial position and earning capacity of both parents. The Supreme Court's decision in Rajnesh v Neha (2020) also prescribes an income, asset and liability affidavit framework for maintenance proceedings.

Courts may consider:

  • Child's age and schooling
  • Actual expenses supported by documents
  • Standard of living during the marriage
  • Income and earning capacity of both parents
  • Contribution already made by the custodial parent
  • Special medical or educational needs
  • Other dependants supported by the paying parent

Voluntary financial commitments such as loan EMIs do not automatically reduce the income available for maintenance. The Supreme Court reaffirmed this principle in Deepa Joshi v Gaurav Joshi in April 2026.

What Expenses Can Child Maintenance Cover?

Maintenance can cover reasonable expenses required for the child's care and development.

  • Usually covered

    • Food and housing costs
    • School fees and books
    • Uniforms and school transport
    • Routine medical care
    • Clothing

  • Decided on the facts

    • Private-school upgrades
    • Coaching and extracurricular activities
    • Higher education
    • Foreign travel
    • One-off or major medical expenses

The court assesses such expenses based on the child's needs, the family's circumstances and the financial capacity of the parents.

How to Claim Child Maintenance in India?

Claiming child maintenance starts with understanding what your child needs and what each parent can afford to pay. You must also follow the correct legal process. The steps below explain what to consider when asking for maintenance for your child.

  • 1. Assess the Child's Maintenance Needs

    We help identify the child's regular expenses, educational requirements, medical costs and other reasonable needs.

  • 2. Prepare the Income and Expense Affidavit

    The financial position of both parents is relevant. We help organise income, assets, liabilities and expenditure in the required format.

  • 3. Identify the Applicable Legal Provision

    Depending on the circumstances, the application may be filed under Section 144 BNSS, Section 26 of the Hindu Marriage Act or another applicable provision.

  • 4. File the Maintenance Application

    We help prepare and file the application before the appropriate Magistrate or Family Court and coordinate the required supporting documents.

  • 5. Seek Interim Maintenance

    Where immediate support is required, we help seek interim maintenance while the main proceedings are pending. The law provides that interim maintenance applications should, wherever possible, be decided within 60 days from service of notice.

  • 6. Follow Up on the Proceedings

    We help track hearings, respond to the other parent's submissions and present the relevant financial and expense records.

Enforcing Unpaid Child Maintenance

If a parent fails to comply with a maintenance order, the unpaid amount can be recovered through appropriate execution proceedings.

  • 1. Calculate the Arrears

    We help prepare a record of missed or partial payments, including dates and amounts.

  • 2. File an Execution Application

    The appropriate execution application can be filed before the relevant court based on the original maintenance order.

  • 3. Seek Attachment

    Where default is established, the court may take steps including attachment of salary, bank accounts or property, as applicable.

  • 4. Seek Further Recovery Measures

    If the arrears remain unpaid, further recovery measures available under law may be pursued, including a warrant and imprisonment for continuing default where applicable.

  • 5. Modify the Maintenance Order

    Where either parent's circumstances have genuinely changed, an application may be made to modify the maintenance amount.

    Important: A warrant-based recovery application for arrears has statutory time limitations. Older arrears may require a different recovery route.

Get Expert Support for Your Child Maintenance Case

  • Prepare your income & expense affidavit
  • Choose the right maintenance provision
  • File in the right forum
  • Understand relief, enforcement & modification

Talk to a Lawyer

If You Are Asked to Pay: Defending an Inflated Claim

A maintenance claim should be addressed with complete and accurate financial information rather than simply disputing the obligation.

We help paying parents:

  • File a complete income and asset affidavit
  • Produce actual expense records
  • Show maintenance payments already made
  • Establish direct payments such as school fees
  • Present contributions made during periods of shared physical custody
  • Seek modification where income has genuinely reduced

Stopping payment without taking the appropriate legal route can result in enforcement proceedings.

Documents Required for a Child Maintenance Case

For the Claiming Parent For the Paying Parent
Child’s birth certificate Salary slips and ITR
School fee receipts Bank statements
Medical bills Loan documents
Monthly child-expense statement Proof of payments already made
Proof of your income Details of other dependants
Available evidence of the other parent’s income NA
Proof of unpaid maintenance NA

The exact documents required depend on the facts of the case and the court where the application is filed.

Child Maintenance When Parents Are Separated or Divorcing

Child maintenance can be addressed independently or as part of ongoing matrimonial proceedings.

Where a divorce or matrimonial case is already pending, Section 26 of the Hindu Marriage Act may provide a route for seeking orders concerning the maintenance and education of minor children. In other situations, Section 144 BNSS or applicable personal-law provisions may apply.

Maintenance and custody or visitation are separate issues. A parent should not stop paying maintenance merely because visitation has been restricted. The appropriate remedy for access or custody should be pursued separately.

Can Child Maintenance Be Reduced or Increased?

Yes. A maintenance order can be reconsidered where there is a genuine change in circumstances.

Examples

  • Significant change in the paying parent's income
  • Job loss or substantial reduction in earning capacity
  • Increase in the child's educational expenses
  • New medical requirements
  • Change in custody arrangements
  • Significant change in either parent's financial circumstances

A parent should apply for modification rather than simply stopping or reducing payments without an order.

How Zolvit Helps With Child Maintenance

Child maintenance cases involve financial disclosures, supporting documents, court deadlines and the correct legal provision. Zolvit helps manage the process from assessment through online lawyer consultation and enforcement.

  • Maintenance Claim Assessment

    Maintenance Claim Assessment — We assess the child’s financial needs, the respective financial circumstances of the parents and the facts of the matter to determine the appropriate legal remedy and strategy.

  • Affidavit & Financial Disclosure

    Assistance with preparing comprehensive disclosures of income, assets, liabilities and financial obligations in the prescribed format.

  • Section 144 BNSS & Matrimonial Applications

    Identification of the applicable legal provisions, together with assistance in drafting, filing and effectively pursuing maintenance applications before the appropriate court or forum.

  • Interim Maintenance Relief

    We assist in seeking interim maintenance where immediate financial support is required during the pendency of proceedings.

  • Enforcement of Maintenance Orders

    Support for execution proceedings and appropriate legal measures to enforce outstanding maintenance and secure compliance with court orders.

  • Defence Against Excessive Claims

    Our experts examine financial records, assess the basis of the claim and assist in responding to unsupported, inflated or disproportionate maintenance demands.

  • Modification of Maintenance Orders

    Assistance with applications for modification where a material and genuine change in income, financial obligations or other relevant circumstances warrants reconsideration.

  • Coordination with Custody & Divorce Proceedings

    We ensure maintenance proceedings are appropriately coordinated with related custody, divorce and other matrimonial proceedings for a consistent legal strategy.

Why Choose Zolvit for Child Maintenance?

A maintenance order is only useful if the claim is properly presented and the order can be enforced when payments stop.

At Zolvit, our Family Lawyer help you understand the applicable law, prepare the required financial records, file the appropriate application and take the next step when circumstances change.

  • Lawyer-led case assessment — Understand your available legal route before filing.
  • Structured financial documentation — Get help organising income, assets, liabilities and child expenses.
  • Claim or defence support — Assistance whether you are seeking maintenance or responding to a claim.
  • Enforcement assistance — Take appropriate steps when a maintenance order is not being followed.
  • Modification support — Address genuine changes in financial circumstances through the appropriate application.
  • Confidential family-law assistance — Your case and documents are handled confidentially.

Cost and Time for Child Maintenance Cases

Court fees for maintenance applications are generally nominal, while legal costs depend on the nature and complexity of the matter.

Zolvit consultations start at ₹99.

Interim maintenance applications are intended, wherever possible, to be decided within 60 days from service of notice. This is a statutory expectation, not a guaranteed disposal period. Final proceedings and enforcement can take longer depending on the court, complexity of the dispute and cooperation of both parties.

Common Mistakes in Child Maintenance Cases

  • For the Claiming Parent

    • Waiting too long to seek maintenance
    • Failing to itemise the child's actual expenses
    • Not supporting expenses with available documents
    • Failing to seek interim maintenance
    • Accepting cash payments without maintaining records

  • For the Paying Parent

    • Stopping payments because of a visitation dispute
    • Hiding income or financial assets
    • Making payments without retaining proof
    • Ignoring an execution notice
    • Treating loan EMIs as an automatic deduction from maintenance

Frequently Asked Questions

The equivalent term used in Indian law is generally child maintenance. A claim may arise under Section 144 BNSS, Section 26 of the Hindu Marriage Act or other applicable personal-law provisions.
A child can claim maintenance through a parent or guardian under Section 144 BNSS. Additional remedies may be available under matrimonial and personal laws depending on the circumstances.
There is no fixed amount or mandatory percentage of salary. Courts consider the child's reasonable needs and the financial circumstances of both parents.
No. Indian courts do not apply a universally binding percentage of salary. The amount is determined based on the facts, needs of the child and financial capacity of the parents.
Yes, a Hindu unmarried daughter may claim maintenance from her father under Section 20 of the Hindu Adoption and Maintenance Act, subject to the statutory requirements.
Generally, maintenance is payable until the child turns 18. It may continue for a child unable to maintain themselves because of a disability. A Hindu unmarried daughter may have a separate entitlement until marriage.
Not automatically. Courts may consider the nature of financial commitments, but voluntary liabilities do not automatically reduce the income available for maintenance.
Section 144 BNSS provides that interim maintenance applications should, wherever possible, be dealt with within 60 days from service of notice. Actual timelines depend on the court and circumstances of the case.
The receiving parent can seek execution of the maintenance order. Depending on the circumstances, the court may use recovery mechanisms such as attachment and other measures available under law.
Yes. Where the legal requirements are satisfied, the court can take steps to attach salary or other assets to recover unpaid maintenance.
Yes. A parent can seek modification where there has been a genuine change in circumstances, such as a substantial reduction in income or a change in the child's needs.
Yes. The maintenance obligation is not automatically limited to fathers. Where the applicable law and facts establish sufficient means and need, either parent may have an obligation to support the child.
Yes. Section 144 BNSS provides a route for maintenance irrespective of whether the parents were married. Questions of parentage may need to be established separately if disputed.
No. Maintenance and visitation are separate legal issues. A parent facing restricted visitation should seek an appropriate custody or visitation remedy rather than stop complying with a maintenance order.
Yes, reasonable educational and medical expenses can form part of a maintenance claim. The court determines what should be awarded based on the child's needs and the parents' financial circumstances.
Yes. A parent responding to a claim can submit financial records, actual expense evidence and proof of payments already made to contest unsupported or inflated amounts.