Child Support Demand Letter - Template, Sample Form

LEGAL NOTICE DEMANDING PAYMENT OF MAINTENANCE / CHILD SUPPORT

(Without Prejudice)

Date: ________

To,

________

________

S/o, D/o, W/o: ________

Re: Demand for payment of outstanding maintenance / child support amounts due under decree/order of the competent Court.

Dear ________,

Under instructions from and on behalf of my client, ________, residing at ________ (hereinafter referred to as "my client"), I hereby serve upon you the following Legal Notice:

§1. Background and the Order.

1. That you are under a legal and statutory obligation to pay maintenance / child support to/through my client for the benefit of the minor child/children, namely ________, pursuant to the order/decree dated ________ bearing Order/Case No. ________ passed by the Hon'ble Court of ________ ("the said Order").
2. That the said Order was passed under the applicable provisions of law, including but not limited to Section 125 of the Code of Criminal Procedure, 1973 (corresponding to Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023) and/or the relevant personal law and the Protection of Women from Domestic Violence Act, 2005, as applicable.

§2. The Obligation to Pay.

1. That in terms of the said Order, you are bound to pay a sum of Rs. ________ (Rupees ________) payable at the following interval: ________, towards maintenance / child support.
2. That you have failed and neglected to make the said payment due and payable since ________, thereby committing a willful breach and default of the said Order.

§3. Demand.

1. That as on date, a sum of Rs. ________ (Rupees ________) stands due, outstanding and payable by you to my client, together with interest accruing thereon at the rate of ________% per annum until the date of actual payment.
2. That I, on behalf of my client, hereby call upon you to pay the said outstanding amount in full within 15 (fifteen) days from the date of receipt of this Notice, and in any event on or before ________.

§4. Mode of Payment.

1. The payment may be made by way of demand draft / cheque / electronic transfer in favour of my client to the following account: Account Holder: ________; Bank & Branch: ________; Account No.: ________; IFSC: ________.

§5. Consequences of Default.

1. That in the event you fail and/or neglect to comply with the demand made herein within the stipulated period, my client shall be constrained to initiate appropriate legal proceedings against you, including but not limited to execution proceedings under Section 125(3) of the Code of Criminal Procedure, 1973 / Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, recovery proceedings, and/or proceedings for enforcement and attachment, before the competent Court of ________ at ________, entirely at your own risk as to costs and consequences.
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§6. General.

1. A copy of this Notice has been retained in my office for record and future reference.
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For any clarification, you may contact my client at telephone ________ or by email at ________.

Kindly treat this as final and act accordingly.

Yours faithfully,

Signature: __________________

Date: ________

Place: ________

________

________

Phone: ________

Email: ________