Alimony while married. Can I file for alimony while married in the Magistrate's Court? Where are the documents submitted in case of a court hearing?

Family relationships are very complex. Often a woman is not ready to dissolve the marriage, despite the lack of financial support from her husband.

This is the hope for improved relationships, and the presence of children, and the lack of another place to live, and the fear of independent living.

A common question in this situation is whether it is possible to force a spouse to fulfill his duties and file for alimony without a divorce?

Family law does not link the obligation to support children with the presence of marital relations between parents.

Therefore, you can get alimony without a divorce.

Usually the father of the child (children) pays the allowance.

But a situation is acceptable when the recovery is made from the mother. Legally, it doesn't matter which parent pays child support.

The mutual decision of the mother and father on the amount of the allowance and the procedure for its payment is a priority.

It is necessary to fix the agreements with a maintenance agreement. The document is certified by a notary. A notarial agreement on the maintenance of children is equated to a writ of execution and can be transferred for collection to bailiffs.

If the parents fail to reach a compromise on their own, issues regarding the maintenance of children are resolved in court.

Which family members are eligible for child support?

The main alimony proceedings are related to the maintenance of minor children by parents.

However, the Family Code of the Russian Federation provides for assistance to family members in other difficult situations.

Thus, parents retain the obligation to provide material support for disabled children even after the age of 18. In turn, adult able-bodied children are also obliged to help needy parents.

• disabled spouse;
• parent of a disabled child under 18 or a disabled child of the 1st group of any age;
• a pregnant spouse, or caring for a child under three years old.

Obligations for the material support of the spouse who takes care of the children remain after the divorce. If it is not possible to collect maintenance from children, parents or spouses, persons under the age of 18 or recognized as disabled may obtain maintenance from other adult close relatives.

When making a decision, the court will take into account the financial situation of all parties and other significant facts on mutual obligations.

How can I collect alimony while in a registered marriage

The wife can arrange for child support. To start the trial, a statement of claim or an application for the issuance of a court order is filed.

Evidence must be attached to the application.

Usually, in marriage, the husband and wife live together, run a joint household. Therefore, in order to recover alimony, it is necessary to prepare evidence of the husband's evasion of obligations to support himself or children - testimonies of witnesses and other materials.

It should be noted that the courts are quite loyal to the requirements of mothers, alimony is also assigned with evidence of the spouse's participation in material maintenance.

How much maintenance is charged for children and spouse

Child support can be collected in shares, TDS, or shares and TDS. The content of the wife is determined by a specific amount.

The share of child support is established by law (Article 81 of the RF IC) and does not require proof.

For one child, a quarter of the salary of the father (mother) is collected, for two - a third, for three or more - half. Taking into account the financial security of the parties, the amount can be changed.

The amount of alimony in the TDS is calculated by the court. The financial and marital status of each of the parents, the monthly amount of expenses are taken into account. If the decision is in the defense of the children, the court must seek to preserve their former standard of living.

Therefore, the stated requirements must be substantiated by applying calculations, documents on the expenses and incomes of the parties. In the absence of supporting documents, you can use the amount of the subsistence minimum for the region.

If child support is determined in shares and TDS, the amount of each part is established by the court.

Court order to obtain maintenance for a child and a spouse

A court order is an expedited lawsuit where a decision is made without a trial. It has both advantages and disadvantages.

The main advantage is that the decision is made quickly within 5 days, without a hearing.

But this imposes certain restrictions.

A court order can only be issued if alimony is collected in shares and in the absence of disagreements between the parties. If the other parent does not agree with the stated requirements, he can easily cancel the order. It is enough to write a refusal in court.

When demanding alimony in a fixed amount of money (TDS) or if the spouse disagrees with the court order, the issue can be resolved in the usual manner, that is, in a lawsuit. To initiate it, you need to write a statement of claim for the recovery of alimony and send it to the court.

You can't get a court order to support your spouse. This type of alimony is determined in a fixed amount, which can only be calculated by the court.

In which court are documents filed for withholding alimony?

Alimony claims are the prerogative of the Magistrates' Court.

However, if the plaintiff makes several claims in the claim, and their amount exceeds 50 thousand rubles, you need to apply to the district court.

This happens, for example, with the simultaneous division of the property of the spouses.

Territorially, a maintenance claim can be sent to the court at the place of residence of the applicant or defendant.

What documents are submitted to the court to recover monetary support from a spouse

The main document for starting a lawsuit is an application for a court order or a statement of claim. The claim is filed in triplicate - to the parties to the process and to the court. You need to attach to it:

• marriage certificate or divorce document;
• children's certificates;
• proof of residence with children;
• certificates of the applicant's income;
• certificates of the amount of income of the second parent;
• receipts, checks for expenses;
• other evidence of claims.

Do not attach papers that are not related to the claim.

Refusal of the court to consider the application for the recovery of alimony

The judge may not accept the claim within 5 days from the date of its filing (3 days by order). At the same time, a reasoned decision is issued containing the reasons for the refusal. Further actions of the applicant depend on the following reasons:

1. An application for a court order was not accepted, since the conditions for its issuance were not met: alimony was declared in a fixed amount, the father pays alimony to other children, etc. An application must be submitted to consider the requirements in the lawsuit.
2. The lawsuit was filed in the wrong court. An application should be sent to the appropriate court (indicated in the decision).
3. The claim was filed with errors or violations. The application is returned to the plaintiff and can be accepted again after the violations are eliminated.

In case of unlawful refusal to accept a statement of claim, a complaint should be filed with a higher authority.

The procedure for issuing a court decision on the recovery of monetary maintenance

The decision to issue an order is made within 5 days after receiving the documents. The order replaces the executive document.

Consideration of a claim for alimony must occur within a month from the date of its filing. The decision taken by the judge shall be announced at the last court session. A written decision can be received within 5 days after the end of the trial.

A fairly common social phenomenon in our country is the separation of a man and a woman without official registration of a divorce. We will not talk about the moral aspects of such relations. But let's talk about the inevitable consequences - the maintenance of common children.

According to the law, it does not matter whether marriage and divorce between a man and a woman are registered. As parents, they have a duty to raise and support their children together.

But it often happens that only one parent is involved in the upbringing and maintenance of the child (it does not matter - due to separation or other personal reasons). And the law guarantees the possibility of forcibly recovering money from a negligent parent for a child, even, in some cases, for the second parent.

This article will help you understand the procedure for issuing alimony for a child without a divorce of parents - where to go, what documents you need to submit, how the money is paid. If after reading the article you still have questions, please contact the lawyers of our portal for a free consultation.

Can I file for child support without a divorce?

Question

After three years of marriage, disputes began between me and my husband regarding the financial support of the family. A year ago we had a child, at the moment I am on parental leave and cannot work. The husband works, but he puts most of the money he earns into a savings account. What the husband brings into the family is not enough to cover the basic needs of the child (purchasing diapers, baby food, medicines, clothes), not to mention the needs of other family members.

Is it possible to force a husband to allocate part of his earnings for family needs? Can I sue my husband and get alimony for myself and for the child while living together?

Answer

Article 80 of the Family Code of the Russian Federation states that the maintenance of a minor child is the obligation of parents. If this obligation is not fulfilled by one of the parents, then the second parent, who is directly responsible for the care and upbringing of the child, has the right to demand payment of funds in court.

Moreover, you can go to court for alimony without getting divorced. The presence or absence of an official marriage between parents is not at all an obstacle to filing a claim for the recovery of alimony.

Thus, you can safely prepare a package of documents and sue your husband, because according to the law, he is responsible for the maintenance of a minor son or daughter. Moreover, you can claim payments not only for the child, but also for yourself. We will discuss this right in more detail later.

Who is eligible to claim child support?

The Family Code says that not only parents have material obligations to their children, but also spouses to each other. According to article 89 of the RF IC, the right to issue alimony (not only during divorce, but also during marriage) is ...

• common child under 18;
• pregnant wife;
• wife (husband) who (th) takes care of a common child under 3 years old;
• wife (husband) who (th) cares for a common disabled child - indefinitely (if the child is a disabled person of group I), up to 18 years (if the child is disabled of group II or III);
• a wife (husband) who is unable to work and needs material support;

So, is it possible to collect alimony from the official husband or wife? Yes, the law does not limit the possibility of collecting alimony - in marriage, in divorce proceedings, after a divorce. As we can see, it is allowed to collect alimony not only for the child, but in some cases for the wife (husband).

For example, a mother who is on leave to care for a child under 3 years old can recover from her husband cash payments not only for the baby, but also for herself. And you don't have to get divorced.

How to collect child support while married?

The law provides for two main ways to collect alimony, regardless of whether this happens in marriage or out of marriage:

1. Conclude an agreement.

If the husband and wife are conscious of their parental responsibilities, they can independently agree on how much money should be paid to meet the needs of the children.

Parents' agreements should be set out in a written document certified by a notary. Then the agreement will be tantamount to a writ of execution - with its help, you can withhold the agreed sums of money, even by force.

Unfortunately, this method is rarely used. After all, if the father and mother are responsible for the performance of parental duties, they support the children and, if necessary, financially support each other - without any written agreements.

If it is impossible to reach an oral agreement or conclude a written agreement, the parents have no choice but to apply to the judicial authority.

1. Sue.

Litigation is a little more troublesome and longer than a voluntary agreement, but sometimes an irresponsible parent leaves no other choice. You will have to prepare an application for the recovery of alimony, collect a package of documents, apply to the appropriate court and obtain a court decision. The good news is that you won't have to pay a state fee.

Litigation can be difficult if the parent does not have specialized legal knowledge. Below we will present the application form and an approximate list of documents required for filing with the court, as well as describe the procedure for the enforcement of a court decision. If you have any additional questions, the lawyers of our portal are at your service. We will provide free legal advice and help you sort out the procedural complexities.

How and where to file for alimony without a divorce?

At first glance, it may seem that collecting alimony without a divorce is a complicated and rare procedure. But it's not. The form and content of the application, the list of documents, the procedure for considering the case in court and the execution of the court decision are practically no different from collecting alimony after a divorce.

Moreover, the solution of the issue of the maintenance of a minor child by parents in marriage is even easier and faster than the divorce procedure at the same time.

Claim or order proceedings?

According to the legislation, an indisputable claim is considered by the court not in a claim, but in an order. The requirement made by one of the parents for the maintenance of common minor children by the other parent is indisputable. Therefore, it is considered by the court in a simplified writ process.

V this case it is not a lawsuit that is filed with the court, but an application for the recovery of alimony (you will find the rules for drawing up and a sample for downloading the document below). It is accompanied by a package of documents confirming the right to alimony payments ( complete list documents below).

Only in the event that a dispute arises between the parents about the material support of the child (for example, if paternity is not proven), the law provides for filing a claim with the court. Then the case is considered in the lawsuit.

Where to apply?

Cases relating to the financial support of children by parents are considered in world courts.

As a general rule, a claim must be filed according to the place of residence of the parent who will be charged with maintenance obligations. But if the plaintiff parent lives together with minor children (most often, it is), as an exception, it is allowed to file a claim at their own place of residence.

Application (statement of claim) for the recovery of alimony

So, the document should contain the following information:

• Name of the Magistrate's Court;
• Name, address, contacts - of the applicant;
• Full name, address, contacts, place of work - the defendant;
• Data on the time and place of marriage;
• Data on minor children born in marriage;
• Information about the circumstances - separation or cohabitation, lack of material support from one of the parents, the inability to independently provide for all the needs of children;
• Information about the place of work and income of the respondent parent;
• Requirements for the payment of funds for the maintenance of children.

It is necessary to clearly and clearly formulate the essence of the requirement, for example: “I ask you to recover from __________ (full name of the parent) alimony for the maintenance of our minor child __________ (full name) in the amount of 25% of monthly earnings until the age of majority.”

• A list of documents that confirm the listed information and justify the requirements;
• Plaintiff's signature;
• The date the claim was filed.

The claim and documents must be submitted in two identical packages - one for the court, the second for the respondent parent.

If we are talking about the recovery of alimony for both a minor child and a disabled and needy spouse, two separate applications are submitted.

Sample application for alimony in marriage

Check out the application form:

What documents are needed?

An application for the recovery of alimony must be accompanied by documents that confirm the indisputable right of the applicant to receive funds: a marriage registration document, birth certificates for children, documents confirming the child's cohabitation with the parent-applicant (a parent can demand payments only if lives with a son or daughter).

Approximate list of documents to be submitted to the court, next:

• The passport;
• Marriage certificate;
• Birth certificates of children;
• Extract from the house book;
• Applicant parent's income statement. These can be documents confirming being on maternity leave, parental leave, documents on receipt of a pension, social benefits, income statements at the place of work.
• Responsible parent's income statement. Documents that confirm the income level of the second parent can be very diverse. In addition to a certificate of employment (which, if available, often contains information about income that does not correspond to reality), documents on additional income can be attached to the application: for example, certificates of receipt of pensions, social benefits, real estate lease agreements, deposit agreements, bank statements, postal orders, money receipts, 3-personal income tax returns.

The main task of the parent-applicant is, with the help of documents, to prove to the court the evasion of the other parent from providing material support, the need for additional money to meet the needs of children, and the possibility of providing such support.

So, if the application contains a requirement to collect a constant (fixed) amount of alimony, it must be substantiated - attach documents confirming the monthly expenses for the needs of the child. For example, receipts and checks for the purchase of children's things (clothes, shoes, school supplies, food, diapers), extra classes, clubs, sports sections.

How much alimony can be collected while married?

When deciding on the amount and method of calculating alimony, the court takes into account such factors as the number of children, marital status, income level, health status, and the presence of other family members dependent on the parent.

Alimony can be assigned...

• as a percentage of earnings (if the parent has a regular income);
• in the form of a fixed amount (if the parent's income is unstable).

Judgment (judgment)

If the case is considered in writ proceedings, only 5 days pass from the moment the application is submitted until the decision is made.

It is noteworthy that the court decision in the case of the recovery of alimony is issued by the court without summoning the plaintiff and the defendant to the court session.

The court considers the materials of the case (application and submitted documents) independently. If the demand is legal and justified, the court decides on the recovery of alimony and draws it up in the form of a court order - an executive document, which will indicate the amount of alimony payments, the term and procedure for payment. Both parties will be notified of the decision.

The accrual of alimony begins from the moment the application is filed with the court.

Within 10 days from the date of issuance of the court order, the alimony payer has the right to file an objection against the court decision. In this case, in connection with the occurrence of a dispute, the case will be considered already in the claim proceedings. If there are no objections to the court order, it acquires the force of an executive document. From this moment on, you can contact the bailiff service and demand the enforcement of a court decision.

Failure to comply with a court decision entails all types of liability provided for by law - from material to criminal.

Results

• You can sue for alimony not only during a divorce, but also during marriage;
• Not only a minor child has the right to maintenance payments, but also a spouse (wife) - in cases established by law;
• The payment of alimony can be voluntary (according to a written, notarized agreement between the parents) or forced (by a court decision);
• To sue for alimony, you need to collect a package of documents and draw up an appropriate application. The state fee is not charged from the applicant;
• The court order is issued within 5 days from the date of application and takes effect 10 days later;
• The execution of a court decision may be entrusted to the SSP.
• For evading the payment of alimony, the parent bears all types of liability provided for by law - material, administrative, criminal.

Greetings, dear site visitors!
With you a permanent author - Andrey Koshkar. Lack of divorce papers is not an obstacle to alimony payments. You can receive child support while you are married, but there are some nuances. My article will help you understand them.

How to file for child support without a divorce while married?

The most common reason for filing for child support is a violation of the rights of the child. Father and mother cannot agree on how much each should allocate for a minor son or daughter? Adults have the right to sue each other. The question is whose position will support the judiciary. The law should protect the rights of the minor and the parent who actually takes care of the offspring.

Can I file for child support without a divorce?

Divorce is not the main condition for receiving payments. If one of the spouses refuses to provide for the child, you can apply for alimony. The family budget goes to the maintenance of only one of the spouses - this is a direct violation of the law. Husband and wife are mutually obliged to financially support each other. The legislation does not prohibit the collection of maintenance payments from an irresponsible spouse.

How do I file for child support while married?

There are only two ways:

• conclude a mutual voluntary agreement and certify it with a notary;
• apply to the judiciary.

In Russia, the law does not allow the material maintenance of the child to shift exclusively to one parent, and the second - to withdraw. Alimony in favor of a common son or daughter is paid until adulthood or for life (when the child is completely disabled). In situations with such disabled children, a special rule applies to fathers and mothers. A parent caring for a child with a disability and not earning a living? An adult has the right to receive financial support. The law determines the groups of spouses to whom it is necessary to send alimony payments. The pregnant wife will receive the funds. If the spouse takes care of a common child and the baby is under three years old, she acts as a separate alimony recipient. When one of the spouses becomes incapacitated, loses his ability to work, the second is also obliged to support him financially.

What does it take to file for child support?

If the marriage union is not officially registered, the cohabitant will not be able to claim alimony. Another thing is a common child: he has the right. When the path of agreement is chosen, the good will of both parties is sufficient. In a conflict situation, funds in favor of the child are collected exclusively through the court. The plaintiff must prove that the offspring receives insufficient financial assistance or that it is absent altogether. If a disabled spouse claims alimony, he presents the conclusion of a medical and social examination. With regard to payments in favor of a disabled child and a parent who cares for him, documents from the ITU and social protection authorities will be required. Everything needs officially certified confirmation, but it is important to remember that the defendant can also show evidence that he is providing full financial assistance. In any situation, the last word will remain with the court.

What documents are needed to apply for child support?

If the path of agreement is chosen, the document is certified by a notary, and the contract becomes a guide to action. The text of the agreement includes the personal data of the parties. For the document to come into force, you will need the passports of the spouses, marriage certificates and the birth of a child. In some cases, a certificate of income of the alimony. In case of judicial recovery, the package of documents includes originals and copies of the plaintiff's passport, statement of claim, marriage and birth certificates, confirmation of payment of state duty. Do you need family information or not? A controversial point, but it is better to take into account in advance. The document will come in handy as additional evidence: the child lives with the plaintiff and an adult financially provides for him.

How to apply for alimony in marriage?

When assessing the rights to alimony payments, various factors are taken into account. The right to receive financial support must be documented (an oral statement demanding payments is not legally binding). The rules are the same for shared, fixed, mixed alimony. If there is a question about fixed payments, there are some nuances. The plaintiff must provide the court with a detailed list of what the minor requires. Did the list include things, services, without which the child can do? This fact easily turns into the reason for the decrease in the amount of monetary maintenance.

Where to apply for child support?

The law clearly defines the state bodies that decide on payments. If the parties have not concluded an agreement with a notary, there is only one way left - to court. When the marriage is dissolved, the issue of monetary payments in favor of the child also falls within the competence of judges. The package of basic documents for a divorce will not differ much from what a married couple presents. The only thing: you will need the original and a copy of the certificate of divorce.

Can I apply for child support retroactively?

Under family law, this option is possible. The date from which payments in favor of the child start does not depend on whether there was a divorce or not. The Family Code allows you to recover funds from the alimony and sets a time frame - 3 years. If the parent did not provide financial assistance, the court will collect the “debt” from him only for 3 years. The spouse did not help the child of 10 years? The parent will have only a three-year "debt". It is difficult to prove the defendant's failure to fulfill parental responsibilities. If the plaintiff does not convince the court, the starting point for maintenance payments will be the date the claim was filed.

How to apply for child support?

The main package of documents will not be enough if the issue has passed into the stage of open conflict and litigation. This is especially true in situations where an unscrupulous spouse hides his income. When applying to the court, it is important to provide evidence of this fact. These can be checks confirming expenses (whose amounts are several times higher than the defendant's official income), records of telephone conversations where the parent refuses to help the child, and so on. It takes a lot of time to prepare the evidence, but they give a real chance to win the case.

Apply for alimony through public services without a divorce

Such a request is often found in Internet search engines. Online services are recognized as the easiest way to resolve the issue. The method has its own characteristics, but it allows you to significantly save time on procedures that previously required a personal visit to institutions.

Apply for child support online

Information technology makes it possible to track the status of an application on-line. No need to worry about how to correctly determine the amount of payments. The task is easy to handle with the help of an online calculator. However, there is a limitation: if the fact of paternity (maternity) exists in words, it will not be possible to send an application for alimony through the network. In such cases, the judicial authorities will require the personal presence of the plaintiff and documentary evidence that the defendant is the natural parent.

Can I apply for child support through public services?

In other cases, filing a claim via the Internet will go smoothly. The list of basic documents does not change - they must be scanned and sent with a statement of claim. The website of the State Services has detailed information on how to do this. If the parent has never used the capabilities of this portal, he must register on the site - otherwise you will not be able to file a claim online. During the registration process, you must enter your valid personal data.

Where to file for child support

In Russia, there are general rules for such cases. The plaintiff is in an advantageous position - the state provides him with the opportunity to choose the primary judicial instance. When the issue of protecting the rights of the child is considered, the interests of the parent with whom the minor lives and is on material support are taken into account.

Which court to file for child support?

There are two judicial bodies dealing with the appointment of alimony payments. Complicated cases go through the courts of general jurisdiction. Justices of the peace deal with simple claims. They get the job done faster. 5 days after the application is submitted, there is a real result. However, the powers of magistrates are limited. Representatives of this judicial body will not decide the issue:

• on the payment of a fixed amount to the alimony recipient;
• if it is not established that the defendant is the biological parent of the child;
• when a spouse categorically refuses to send funds to a son or daughter.

How to apply for alimony in court?

In all three cases, the real way out is to apply to the branch of the court of general jurisdiction, where issues that are beyond the powers of justices of the peace are considered. The defendant categorically refused to allocate a certain amount? The magistrate will cancel his decision (a court order) if the refusal to help the child was received within a decade. After that, the plaintiff only needs to collect a standard package of documents, add to them official confirmation that the court order has been canceled, and apply to the district branch of the court of general jurisdiction.

Where and where to go to apply for child support?

The best option: send a claim to the branch of the court, which is located in the territory where the defendant lives. If the location of the "candidate for alimony" is unknown or the plaintiff does not have the opportunity to apply to that judicial authority, the parent files a claim at his place of residence. Court departments are assigned to certain territories, information about the location of institutions is publicly available on various Internet resources. Finding her won't be a problem.

How to file for alimony without divorce?

The list of the most common mistakes of plaintiffs includes the absence of the necessary certificates, certificates in the package of documents or non-payment of state duty. Such errors give the court the right to refuse to consider the claim. If you need to receive alimony in proportion, do not waste time: immediately send the claim to the branch of the court of general jurisdiction, and not to justices of the peace. An important point in litigation is witness testimony. They may be required, but I warn you: perjury is punishable by law with a fine of up to 80 thousand rubles - and this is not the maximum punishment.

Can a father sue for child support?

The state does not put any of the spouses in a privileged position. Both adults are equally responsible for a common child. If the mother does not take care of the minor son or daughter, the man has the right to file for alimony. Another question: such situations are rare. If the claim for alimony is drawn up by the spouse, his package of documents does not differ from what the woman provides.

Is it worth it to file for child support?

Counter question: Do you want to save your family? In judicial practice, there are constant lawsuits between spouses when a man has a child from past marriages or relationships. The law prohibits worsening the financial situation of one minor at the expense of another. The wife, without dissolving the marriage, files for alimony and protects the interests of her child. Women often take such a step to annoy the husband's ex-partner, his past family or offspring. The topic is from the field of morality, but this act can permanently ruin intra-family relations. Today a woman is married and financially secure, tomorrow her husband will have another family and a new child. Where is the guarantee that another wife will not do the same?

In the life of our society, there are often situations when a husband and wife, being married, cannot reach an agreement on the distribution of joint income. Sometimes the union exists only "on paper", but in fact two people have already become strangers to each other. If a couple has a child, one of the spouses involved in raising him often wonders if and how marriage can be filed for alimony. Indeed, such an option is provided by law.

Who is eligible to receive payments

According to Art. 80 of the Family Code of the Russian Federation, parents are obliged to maintain their child until the age of majority. Within the family, the procedure for providing funds should be determined by the mother and father independently. If, for example, a husband, earning decent sums, does not wish to voluntarily share them with his wife and child to the extent necessary to meet their minimum needs, the woman has the right:

• conclude a written agreement with the father of the child on the provision of material resources;
• ask the judge to order a compulsory form of maintenance obligations.

As mentioned above, divorce is completely optional for this: these are two different forms of social interactions.

Not only the child (children) has the right to receive payments, since in marriage, the wife can also apply for alimony. As Art. 89 of the Family Code of the Russian Federation, spouses are obliged to each other to provide mutual financial assistance. In case of an unreasonable denial of support, if a voluntary agreement has not been concluded, alimony may be demanded:

• a spouse who does not have the ability to work and is in a difficult financial situation;
• a wife carrying a child, as well as after his birth until reaching the age of 3 years;
• a spouse caring for a joint child who is disabled until he or she reaches the age of majority;
• a spouse with insufficient income caring for a joint child who has been diagnosed with a 1st disability group since childhood.

What gives recovery without dissolution of the union

The possibility of assigning periodic payments without a divorce allows you to protect the rights of the child and the woman who gave birth to him. The process of dissolution of the union is sometimes delayed for a very long time. The spouse, who initially agreed to the procedure, may “change his mind” at the meeting, and the consideration of the case will be postponed for another 2-3 months: the husband and wife will continue to be married. Receiving alimony, the child is partially insured against the irresponsibility of the second parent.

For a woman, the penalty plays a big role, since immediately after the birth of a child, she, as a rule, does not have the opportunity to work full-time to provide for herself and the baby. When in a dependent position, it is extremely important to have a guarantee of the receipt of funds from the father if he does not express a desire to conscientiously fulfill his duty.

Payouts

Child support

The values ​​for the child are standard, they are determined by Art. 81 of the RF IC and are the same for both the former and the present spouse:

• for 1,2 and 3 children, the amount will be 25, 33 or 50% of the father's income, respectively, with a shared accrual type;
• when assigning a fixed payment the size of it, on the basis of hours. 2 Article. 117 of the RF IC, will be a multiple of the PM in the place where the children live (most often half of the PM is awarded for 1 child);
• if maintenance requires additional expenses, a combined option is possible, when the father pays a share of the salary and, in addition, transfers a certain amount of the same amount.

Payments for the wife

Alimony for a spouse cannot be expressed as a percentage: here it is only possible to determine a specific amount paid once a month. The size is calculated by the judge, having previously assessed the real needs of the woman and her current financial situation.

When calculating, the subsistence minimum in the subject at the time of the meeting, established for an adult, will be taken into account. If it is not defined, the country average is taken. For 2018, on average in Russia, it is 11,160 rubles. If the spouse is receiving benefits and the joint child is already eligible for a transfer, it is likely that the amount that will be collected for the woman will be ½ RMS.

How to file for child support while married

Where to go

In order to obtain the right to monthly deductions for a child, a woman should provide a package of documents with a statement of the established form to the secretary of the justice of the peace of the district in whose territory the future "alimony" is registered. As a rule, in any instance there is an information stand for citizens, where the area of ​​deployment is delimited by streets and rural settlements. Arriving at the court, the spouse can easily determine which office she should apply to.

It should be noted that magistrates have the right to resolve the issue only on the share form of payments for children. You will need to contact the District Judge if:

• it is necessary to determine a firm expression of alimony;
• there was a need for a combined payment;
• the appointment of alimony for the maintenance of the wife is required;
• the father objected to the payments.

It happens that the location of the spouse cannot be established, and the marriage legally continues to exist. Then you should apply to the court located at the last address of registration (residence) of the husband or at the place where the property belonging to the defendant (his property) is located. Some husbands have no knowledge of whether a wife can file for child support while married and deliberately hide. The state in such situations has sufficient tools for recovery.

How to make an application

Before applying to the court, which is to consider the case on the appointment of alimony, you should prepare an application. Some people prefer to contact a lawyer for this purpose, however, if you have a sample, it is quite possible to do it yourself without spending extra money. The document consists of an introductory part, the main text and a conclusion.

1. The first part contains the name of the authority, the personal data of the applicant, the defendant (full name, address of residence), the name of the document itself (“application for the recovery of alimony”).
2. The main text (substantive part) includes a description of the relationship of family members, degrees of kinship, information about the registration of the union, information about children and who they live with. This also includes information about the absence of an agreement, previously assigned alimony. The text should end with a requirement for the appointment of payments.
3. In the final part, the attached documents are listed, the applicant's signature and date are put.

Sample application form (per child)

Sample letter requesting money for spouse

The application and all attached copies must be made in duplicate. As a rule, samples in the public domain are available right next to the offices of justices of the peace. Therefore, if a woman doubts the correctness of the document, it can be written directly in the instance, immediately before submission. Reference information on what documents are needed for processing payments is also located on the stands near the court sites.

Package of attached documents

When saving a marriage, the list is slightly different from the one that is collected after a divorce. It is necessary to prepare good quality photocopies of the following documents required for filing a claim:

• the application itself;
• marriage registration certificates;
• birth certificates of the joint child (children);
• certificate from the housing authority stating that the child lives with the plaintiff.

It does not matter whether the woman requires financial support for herself, or is going to apply for financial assistance for a joint baby: the list will remain unchanged.

Claim or order proceedings?

Alimony payments of a fixed amount are subject to collection only in a lawsuit. In addition, a claim is brought if:

• there is a dispute between the parents, which cannot be resolved only by studying the documents;
• the defendant disagrees with the appointment of alimony in principle;
• payments are assigned to a disabled child over 18 years of age;
• there are additional costs of the case to be reimbursed;
• at the same time, the issue of depriving a person of parental rights is being resolved;
• the spouses have two or more children, each of whom lives with a different parent;
• there is a need to recognize the concluded agreement as invalid.

In the presence of one of these circumstances in the application, before submitting it, a reference should be made to paragraph 3 of part 3 of Art. 125 Code of Civil Procedure, indicating what is the essence of the dispute. Otherwise, the judge has every right to return the documents.

In all other cases, the essence of the application is the issuance of a court order. To do this, in the main part of the document, Art. 122 Code of Civil Procedure of the Russian Federation. On the basis of the order, a writ of execution addressed to the bailiffs will be prepared.

How long will the procedure take

When carrying out writ proceedings, the process lasts no more than five days from the date of filing an application for the appointment of alimony. In this case, the stage of the proceedings is bypassed, and the parties are not called to the meeting. The published document is sent by mail to the defendant. If he did not object within ten days after receipt, the order becomes valid, becoming a full-fledged executive document.

In the proceedings, a full consideration of the circumstances is carried out, all interested persons are heard. Thus, the terms are significantly stretched. In 10-12 days, the participants in the process will receive a notice of the place and time of the meeting. When all persons have been heard, the available documents and other evidence have been examined, a decision will be made that will take effect immediately. With a successful combination of circumstances, a woman will be able to get it immediately after the trial.

The situation when a father refuses to support his newborn child and legal wife cannot be called anything other than blasphemous: it is very difficult to need support and not be able to receive it. Therefore, every woman should know about her right to receive legal cash payments at the time when she is most vulnerable, about how to apply for alimony in marriage, what documents and where to go. Moreover, it is not necessary to spend time and effort on the process of terminating the union.

A person may provide voluntary or compulsory material assistance to a person who is related to him by family relations, or who is a direct relative. This is established by the legislation of the Russian Federation. Any citizen who is going to enter into a family relationship should know how to file for alimony in marriage and after a divorce. This information will help to avoid unnecessary litigation, quickly receive funds for the maintenance of a child or a sick spouse.

What is alimony

For a long time it was believed that only children from their parents could receive material assistance, but this is not the case under the law. Alimony obligations arise between two persons connected by family or kinship ties. The list of people who fit into this category includes spouses, children, grandparents, grandchildren, parents, stepmothers, stepfathers, persons who once exercised patronage or guardianship of a minor citizen. All of them can be paid money for maintenance.

Alimony in marriage without divorce

Spouses rarely resort to this procedure. You can get alimony without a divorce if one of the spouses is raising a child who has received a disability or is temporarily unable to work. At the same time, the official fact that the defendant in every possible way avoids providing financial assistance must be established. The legislation defines the categories of people who are able to qualify for a financial allowance without a divorce:

• disabled people;
• pensioners;
• persons involved in the upbringing of a child with a disability.

They refuse to recover money for the maintenance of persons who have committed a planned crime, who suffer from alcoholism or another type of addiction, who show physical aggression against the defendant. According to Article 92 of the Family Code, if the marriage was concluded relatively recently, it is impossible to demand material assistance from the spouse. The transfer of payments can be carried out under a voluntary agreement between persons or by a court decision.

Alimony after divorce

The question of obtaining financial assistance for a child often arises after the dissolution of a marriage. If the citizen is decent, then the persons draw up a settlement agreement and every month a certain amount of money will come to the spouse's account. The filing for child support is enforced through the courts. It is necessary to come to the state body at the place of residence, and then leave an application. The former spouse does not have to pay for the accommodation of adult able-bodied children.

Recovery of alimony for the maintenance of the wife

A woman during pregnancy and after the appearance of a baby needs maintenance. The husband must provide it without fail. If this does not happen, the spouse has the right to send an appropriate appeal to the court with a request to transfer funds to her. Maintaining a wife on maternity leave is the responsibility of the husband, which is confirmed by the Family Code. A spouse has the right to demand alimony in the following situations:

• takes care of a child recognized as a disabled person of the 1st group;
• brings up a child under 3 years old;
• recognized as disabled due to retirement age or disability.

Can I file for child support without a divorce?

Parents can conclude an agreement between themselves on payments or go to court with a statement. Such an agreement is necessary to protect the rights of a minor. Alimony in marriage is transferred voluntarily to a card or children's account. The debtor can transfer money directly into the hands of the plaintiff every month, but against receipt. A father or mother should not hand over the funds necessary for the maintenance of children without documents that could confirm this action.

Can I file for child support outside of marriage?

A child born to parents who have not officially registered their relationship has the right to material support. You can apply for alimony out of wedlock if the citizen has officially recognized the fact of paternity. Otherwise, it must be proven in court. The only evidence that all state bodies recognize is the results of a genetic examination.

What documents are needed for alimony

You can use the public service, which allows you to file a claim, on the Internet or by going to court. Sample applications and lists of documents are provided by a social worker or a notary. When filing a claim, it is recommended to contact a lawyer in order to avoid mistakes. The following supporting documents must be attached to the application:

• a copy of the claim for the defendant;
• a copy of the passport;
• certificate of registration/dissolution of marriage;
• certificate of residence;
• certificate from the place of work on the earnings of the plaintiff and the defendant;
• a check confirming the payment of the state duty;
• other papers confirming the plaintiff's rights to financial assistance.

Documents for filing for child support may include the results of a genetic examination, provided that the parents were not officially married. A copy of the result for the defendant should then be attached. It is recommended to send two packages of papers. One must be sent to the court where the potential payer lives, and the second must be taken to the state body at the location of the plaintiff.

Where to begin

Many former or current spouses do not know what it takes to file for child support. First of all, you need to confirm your right to financial assistance, i.e. provide papers proving your incapacity for work. If we talk about what certificates are needed, then you will definitely need an extract from the place of work, during pregnancy or disability - a certificate from a doctor, a birth certificate of a child.

Where to apply for child support

All lawsuits and claims must be directed to the court. If you do not know where to apply for child support in your city, then you should contact a law office. They will help you with the paperwork and tell you which court to apply to. Before submitting an application, we recommend that you double-check that the paperwork is filled out correctly. Some citizens are denied acceptance of applications due to the fact that the questionnaire is full of errors.

Which court to apply

The application must be reviewed by the civil affairs authority in your county or region of the respondent. It will not work to sue for alimony, located near the place of work, because. Proceedings take place at the place of registration of one of the parties to family relations. If you were not married to the defendant, you will have to send documents to the district or city court along with a certificate of paternity.

Order court proceedings

After you succeeded in filing documents for alimony, you will have to wait for the decision of the state body. Court costs in writ proceedings are paid by the party that filed the application. It will not be possible to collect them from the defendant. The minimum term for consideration of the case is 3 days, and the maximum - 5 days. An order to pay money for the maintenance of children or spouses may be issued by a single judge in the following cases:

• in the absence of a paternity dispute;
• claims are in hard currency;
• the debtor makes payments in favor of other children;
• the place of residence of the child is confirmed.

Claim proceedings

When the parents have not reached a peace agreement or the debtor does not get in touch, the needy party can write a statement to the court. In addition to material assistance, with the help of a claim, it is possible to compensate for the costs of childbirth, maintenance and treatment of a child under 3 years old. The court case on the claim proceedings is considered for 1 month. Within 10 days from the receipt of a copy of the application, the debtor may file a counterclaim. If this does not happen, the case goes to trial.

If the decision in the case is positive, the bailiff informs the defendant that he must provide mandatory financial assistance to the plaintiff. If the exact place of work of a citizen is known, the bailiff refers the decision to the accounting department, after which a percentage of the salary for the child and the spouse involved in his support will be automatically deducted.

How is child support determined?

The interest rate that determines the amount of material payments is fixed for Moscow and other cities of the country. For one child, 25% of the salary and other financial rewards are transferred. The percentage of alimony may change if the person has another family and a child. For two children, 33.33% is deducted from the income of a citizen. If one heir is from another marriage, then the rate is divided in half and will be 16.66%. A citizen who is without a stable income is assigned one of the following methods of paying mandatory maintenance:

• hard currency;
• payments in kind;
• a fixed amount of monthly payments;
• a certain percentage of earnings.

How much does it cost to file for child support

The state duty will need to be paid if the spouses failed to reach an agreement. The cost of filing for child support through the court is 150 rubles. If you want to apply for your maintenance, you will have to pay 300 rubles. When one of the spouses files for financial assistance along with a divorce claim, he must pay 400 rubles. You can deposit the required amount through a bank or online payment system. You do not need to pay an application fee when:

• debt must be collected;
• you need to cover the costs of an expensive operation suffered by a child or mother;
• it is required to increase the amount of payments due to changes in the income of the payer.

Video: How to file a claim for alimony