Child Maintenance & School Fees | Chennai Lawyers
Child support · Education costs

Child maintenance and school fees: an obligation that does not depend on who has custody

Whatever the parents have agreed or fallen out over, a child’s right to be maintained is the child’s, not a bargaining chip. School fees in particular are treated by courts as a distinct and necessary head.

Quick answer

A father is legally obliged to maintain his minor children regardless of custody, and the obligation extends to education costs including school and college fees.

Interim maintenance can be ordered while the main case is pending: you do not have to wait for the final decree.

The obligation, and where it comes from

Several provisions operate together: the maintenance provisions of the Bharatiya Nagarik Suraksha Sanhita which apply across communities, the Hindu Adoptions and Maintenance Act, and the interim maintenance powers of the court hearing the matrimonial matter. A claim can usually be brought under more than one, and the choice affects speed.

The obligation continues for a minor child irrespective of who has custody, and for a daughter it has been held to continue until she is married in appropriate cases. For a child with a disability, the obligation can extend into adulthood.

How the amount is arrived at

Courts do not use a fixed formula, but the factors are consistent and the calculation is more predictable than parents expect.

Income of the father. Salary slips, tax returns, bank statements. Where income is concealed, the court can draw inferences from lifestyle and assets.Standard of living. The child is entitled to a standard reasonably comparable to what the family enjoyed.Actual costs. School fees, transport, books, uniforms, coaching, medical expenses: each evidenced by demand notes and receipts.Mother’s income. Relevant but not a substitute. That the mother earns does not discharge the father’s obligation.Number of dependants. Other children and dependants the father genuinely supports.
School fees are frequently ordered separately. Rather than folding fees into a monthly figure, courts often direct payment of fees directly to the institution on production of the demand: which removes an entire category of dispute.

Enforcing an order that is not being paid

Non-payment is common and the remedies are real. Arrears can be recovered by execution, the court can direct attachment of salary through the employer, and persistent default can result in a warrant and detention.

We usually recommend keeping a clean record of every demand and every payment received, and applying promptly rather than allowing arrears to build over years. Courts respond better to an application made after three months of default than after three years of silence.

FAQs

Child maintenance: parents ask

Does the father have to pay if the mother is employed?+

Yes. The mother’s income is a relevant factor in fixing the amount, but it does not discharge the father’s obligation to maintain his children.

Until what age is a child entitled to maintenance?+

Ordinarily until majority. For a daughter it may continue in appropriate cases until her marriage, and for a child unable to maintain themselves due to disability it can continue into adulthood.

Can I claim past school fees already paid?+

Yes, arrears and reimbursement can be claimed with proof of payment. Keep the receipts and the fee demands: the claim is only as good as the documentation.

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