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Alimony in marriage without divorce: detailed instructions. The procedure for filing for divorce: step by step instructions

Reading time: 12 minutes

Unfortunately, many modern families face all sorts of personal problems. Often a couple does not stand the test, which is why a divorce occurs. Relationship breakup can happen even if there are children. Often, after the dissolution of a marriage, one of the spouses must pay a monthly amount for the maintenance of minors. Far few people are familiar with the provisions of modern legislation, therefore they do not know how money is transferred.

What is alimony relations in the family code

If there are disabled, minor persons, then a working citizen who is a relative of these people is obliged to help them financially. This provision constitutes the current legislation. The Family Code concludes that alimony relations are possible if there is an appropriate agreement between the payer and the recipient, or after the adoption of a judicial decision by the representative of the authorities on the recovery of money.

Upon receipt of financial assistance by a minor, disabled person (this may be a pregnant woman) from a working spouse, payment obligations arise. The spouses agree on the procedure for transferring money in case of a divorce for one child, or this issue is decided by the court. Any agreement should be notarized so that later there are no problems when making claims.

Legal regulation

Chapters 16, 17 of the Family Code of the Russian Federation contain features of the payment of alimony in a divorce for one child by agreement of the parties. If a court decision is made to recover money, then subsequently transfers will be made in accordance with chapters 13-15 and 17 of the Family Code of the Russian Federation (some rules conclude on the procedure for paying money to persons under the age of three). The law makes a clear distinction between the two methods of transferring funds (by court order and by agreement of the parties). If the spouses have drawn up and certified the contract, then the recovery of money in court is unacceptable.

Parties to the agreement on the payment of alimony

When a marriage is dissolved, both spouses must take part in collecting money. On some side of the alimony relationship there will be a minor. A spouse who lives with a minor citizen becomes a payer. The recipient of the money is considered to be an incompetent citizen. Due to the fact that a minor does not have the right to act on his own behalf, the second spouse, who lives with the minor, signs the contract or collects money.

Sometimes money is transferred to adult incapacitated persons who can officially act as recipients. Such situations occur, for example, if a person has a disability and is unable to earn money on his own. In addition, the contract can be concluded with the consent of the father or mother to pay money until the end of the education at the university of a minor.

If we talk in detail about the recipient, then sometimes it is one of the spouses. This may be a woman during pregnancy, a mother on maternity leave, or simply a disabled person who needs material support. However, such situations occur much less frequently than cases related to the payment of money for a disabled, minor person.

Conditions for alimony payments

Modern legislation contains some provisions concluding the conditions for the payment of funds. Transfers are possible if:

  1. Relationship established. There must be information that the person is the son or daughter of this or that person. If necessary, a DNA test procedure is carried out, which helps to establish paternity. Only after determining who is the father, is it possible to consider a claim.
  2. The recipient is under 18 years of age. As a rule, upon reaching the age of majority, maintenance obligations automatically terminate. However, if the person is unable to work, then an extension of the payment period is possible.
  3. The parent has money to transfer. In other words, the person must be able to transfer money. According to the law, in the absence of income or property, the parent is not relieved of the obligation to support children. If, in fact, a person does not work, he does not have property, then this may be an obstacle to the full provision of a minor.
  4. The statute of limitations has been taken into account. If a parent submits an application, then only three years preceding the application to the authority are taken into account when determining the amount of debt. In other words, money is not paid for the whole life, but only for 3 years.

What documents are required

As mentioned earlier, there may be an agreement drawn up by the spouses on their own, or a court decision. To draw up the first version of the document, you need to go to a notary with:

  • Spouses' passports.
  • Marriage certificate.
  • Birth certificate of the child (a copy of the certificate is also needed).

After studying the listed papers, the specialist asks to sign the contract. If one of the spouses does not want to pay alimony for one child, refuses to conclude a voluntary agreement, then you can file a claim. Go to the court staff with:

  • Passport.
  • Birth and marriage certificates.
  • A statement of claim drawn up in accordance with all established rules (a copy of the document is made and submitted in 3 copies).

Appointment methods

Parents may be divorced or simply not live together. Spouses must make efforts to support minors. If a constructive relationship is maintained between the parents, then they independently decide how much will be paid to the minor. The conclusion of an agreement is the best option, because it is possible to avoid paying state fees, stress, and save time. If it is not possible to solve the problem on your own, you should contact the employees of the court with a corresponding statement.

Voluntary agreement at the notary

An agreement on the transfer of money to a minor is a written agreement. The document must be certified by a notary. An oral agreement between the parties is allowed, when the parents verbally determine the amount of alimony, the order, the time of their payment. However, be aware that there is a risk that at any time the payer will refuse to transfer money. Then it makes sense to apply for a forced recovery of funds.

The money transfer document must be created in such a way that its clauses do not violate the rights of the recipient family members. If someone's rights are violated during the execution of the agreement, then it is considered invalid. For example, the wrong amount for payments is often indicated (below or above the amounts that may be established by the court).

An agreement drawn up by the spouses voluntarily can be concluded for a long time. During this period of parents, some material changes may occur. If the parent began to be registered in another organization or his children were born, then this should be indicated in the agreement. If necessary, you can terminate the document.

Court proceedings

It is worth filing a claim for the recovery of alimony in a divorce for one child when it was not possible to obtain a voluntary payment of funds (the spouse refused to draw up a maintenance agreement). Often the application is submitted by the spouse with whom the children live. Claims are considered by justices of the peace. You should contact them if you need to consider a case for the recovery of funds. If there is a dispute about the place of residence of a minor, you should apply to the district court. This instance can help if you need to collect alimony and establish kinship at the same time.

Child support rules

Few people know what the percentage of child support is. When making a court decision, it is taken into account whether the parent is employed, whether he receives a constant salary. If yes, then the amount of alimony is determined as a percentage of income. Alimony in a divorce for one child should be 25% of the parent's earnings. If there is an unemployed spouse, the amount of alimony is determined as a percentage of the minimum wage.

If you are interested in how much alimony is due for one child if you have a spouse whose salary is unstable, then know that the court appoints a payment in the form of a fixed amount. The amount of alimony is determined according to the subsistence minimum in the recipient's region (the amount must not be lower than the subsistence minimum). When making a decision, the needs of the children, the capabilities of the payer are taken into account. Sometimes the court determines the amount for a one-time payment or makes a decision to transfer valuable property to the ownership of a minor.

Married

Often there is a need for additional funds when the spouses are legally married and do not file a divorce. A father who is a potential payer may live with the children and their mother. Modern legislation provides an opportunity to pay money when a divorce is not filed. The main condition that allows you to demand payment of money for a son or daughter is the relationship of the parent with the children. In addition, it is important that:

  • The union was official.
  • The daughter or son really did not have enough money for full development (as a rule, the funds go to study, food, clothing).
  • The second spouse had the funds to transfer.

Out of wedlock

If there is a civil husband who does not officially work, the court appoints alimony in the amount of the living wage. It is taken into account whether the parent is included in the birth certificate. If necessary, DNA testing should be done. Keep in mind that legal relationship has more weight than biological. To recover funds, contact the court staff with a passport, a certificate confirming paternity, a birth certificate, a certificate of family composition. In addition, you will need to file a claim for the recovery of funds.

Child support in divorce

You can recover money after some time after the dissolution of the marriage (there are no restrictions). Keep in mind that if the former spouse refuses to support a minor, then you can receive money from him only if there is a relationship. If not, then the ex-wife applies for a DNA test to establish the biological father. Sometimes, in order to recover funds, it is necessary to prove that a person lived for some time with a woman who has children.

How much is child support deducted from?

The legislation of the Russian Federation establishes some rules for accruing funds for a minor. The amount may be withheld from:

  1. The person's official income.
  2. Wages received after the sale of products, the provision of some services.
  3. Salary received for professional excellence.
  4. Payments accrued for the period worked in a public position.
  5. Benefits from the labor exchange, for temporary disability.
  6. Pension contributions.
  7. Income that was received from renting an apartment, house or other property for rent.
  8. Scholarships from an educational institution.

Payments from which the withholding of alimony is prohibited

The legislation includes provisions on funds that may not be used to calculate payments for the maintenance of a minor. These payments include:

  1. Survivor's pension.
  2. Funds provided as maternity capital.
  3. Money accrued to restore health that was lost as a result of the performance of official duties.
  4. Funds for the implementation of full-fledged care for disabled persons.
  5. Funeral allowance.

Amount of alimony per child

If a voluntary agreement is drawn up, then know that alimony should be indexed . Their size cannot be lower than the established percentage of the official income. For a non-working citizen or a person with irregular earnings, a payment is assigned not lower than the amount of money, which is determined based on the subsistence level of the region where the recipient lives.

In the absence of an agreement, the minimum amount of alimony is determined by the court based on information about the defendant's employment. When a court decision is made, the payment cannot be set less than the minimum wage. If the creditor does not prove that the parent has additional income, then, as mentioned earlier, the alimony will be calculated as a percentage of the minimum wage in the country. To recover money from a non-working citizen, the court is guided by the subsistence level of the region where the recipient lives.

As a percentage of income

If official earnings are established, then the amount for one minor will be equal to 25% of the person's income level. Changes in the amount of payments may be accepted in the presence of special circumstances of the parties. As a rule, when calculating the amount of money, the judicial authority takes into account the financial and marital status of the parents (living conditions, wages, etc.).

In a fixed amount

The payment of funds is assigned in absolutely any amount (there is no maximum limit). When determining the amount to be transferred, the judicial authority is guided by information about the lifestyle of children. The usual level of provision for a minor is taken into account, the financial, marital status of the parents, and other circumstances that deserve attention are taken into account. Subsequently, the amount of alimony may be increased by the court, taking into account the financial situation of the minor. To reduce the amount of payment, you need serious reasons.

in kind

According to the Family Code of the Russian Federation, alimony in kind is possible by voluntary agreement of the parties. The recipient should not be against this form of payment. When drawing up the contract, the parents determine the amount, procedure, method of paying alimony in kind. Keep in mind that if a claim is filed, then alimony will only be paid in the form of cash.

How is child support paid after a divorce?

After a divorce, a person can apply to the employees of the court with an application for the transfer of money for a minor. An appeal to the employees of the judicial instance is the basis for initiating a lawsuit. Keep in mind that the rules for statute of limitations do not apply to alimony relations. The spouse may apply at any age of the children up to the age of 18. If a positive decision is made, the money is accrued from the moment of applying to the judicial authority.

Collection procedure

Collection of funds is carried out by the judicial authorities. If there is an agreement on hand, the terms of which are not fulfilled by the father or mother, then the legal representative of the children has the right to apply to the bailiffs to start enforcement proceedings in the case. This is possible because a notarized contract has the force of an executive document.

When a court decision is made, the procedure for transferring funds is determined. Subsequently, the process of transferring money is controlled by bailiffs. The amount is deducted from the person's salary. The amount of payment is equal to that specified in the writ of execution issued after the adoption of the court decision. The administration of the institution in which the defendant is registered transfers the amount to the recipient's account. If the property is collected, then later its sale is carried out at the auction. The proceeds go to the account of the legal representative of the children.

After the end of the trial, the decision on the transfer of funds by the parent, the procedure for collecting money begins. The basis for this is the existence of an executive document. Responsibility for carrying out the recovery of money lies with the organization in which the defendant is registered. The accounting department credits funds to the account of the legal representative of the minor. If for some reason the payment of money is suspended, then the debtor is charged a penalty.

Payment Methods

The payer has the right to consent to the transfer of funds from the income received. To do this, a writ of execution from the court or a voluntary agreement of the spouses certified by a notary is presented to the accounting department of the organization. The documents must indicate the account to which the money is to be transferred. If it is necessary to pay a fixed amount, the payer must make a bank transfer or transfer money in cash. In the latter case, a receipt for receipt of funds must be drawn up.

Reasons for termination of child support payments

Often, the transfer of funds is terminated by voluntary agreement of the parties. If a mother refuses to transfer money, then she must be aware that she is acting on behalf of her children. After a divorce, the mother may not apply to the court staff with an application for the transfer of funds to a minor. If the claim is filed, documents confirming kinship are presented, then the father can no longer refuse to transfer money. Termination of alimony relations occurs when:

  • Children reaching 18 years of age.
  • The condition that the person with whom the minor lives after the divorce no longer needs financial assistance.
  • The expiration of the voluntary agreement of the parties.
  • Establishing the death of one of the parties.

Video

Question for a lawyer:

If the court, during a divorce, obliges to pay alimony as a share of income, can they be calculated and paid by yourself, or is it done through the accounting department of the enterprise with deduction from salary in any case?

Lawyer's answer to the question:
You have the right to pay off the debt voluntarily without contacting the accounting department.
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During a divorce, how much will the ex-husband pay alimony for two children if he is a private entrepreneur? ...

Question for a lawyer:

During a divorce, how much will the ex-husband pay alimony for two children if he is a private entrepreneur?

Lawyer's answer to the question: how much to pay alimony in a divorce
Article 81 of the RF IC. The amount of alimony collected for minor children in court

1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents .

2. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.
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Lawyer's answer to the question: how much to pay alimony in a divorce
Hello Tatyana, according to Art. 83 of the Family Code you can recover in a fixed amount of money based on the established subsistence level for children in your region.
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Is it possible during a divorce not to pay alimony for three children, but to leave a three-room apartment to the ex-wife? ...

Question for a lawyer:

Is it possible during a divorce not to pay alimony for three children, but to leave a three-room apartment to the ex-wife?

Lawyer's answer to the question: how much to pay alimony in a divorce
In this case, the alimony must be paid in the form of a transfer of property, perhaps a similar notarial agreement.
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Who pays the mortgage during a divorce? Am I eligible for child support?...

Question for a lawyer:

Hello!! My name is Tatyana, I am on maternity leave. There are children, the eldest is 3 years 4 months old, the youngest is 4 months old ...... 3 years ago, my husband and I took out a mortgage loan. Having been married for 3.5 years, I am going to file for divorce. My husband says that he will not pay the mortgage, since I will stay with the children in this apartment. I only agree to alimony. Since I am not solvent, am I entitled to alimony? Thank you in advance!!!

Lawyer's answer to the question: how much to pay alimony in a divorce
Tatyana!

You are entitled to alimony for the maintenance of two minor children and for your maintenance until the youngest child is three years old.

Regarding the payment and division of a mortgage loan, the question is ambiguous. There may be several options that it is better to discuss in person with a lawyer (lawyer) and choose the option that is acceptable to you.

Good luck!
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During a divorce, how many percent of the salary will be charged to my two children if the spouse already pays child support from ...

Question for a lawyer:

During a divorce, how much percent of the salary will be charged to my two children if the spouse already pays alimony to the child from the first marriage in the amount of 25%?

Lawyer's answer to the question: how much to pay alimony in a divorce
First, the 13th part of the total earnings. However, not immediately after the divorce.
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Is the father obliged to pay alimony during a divorce if the child studies full-time, after 18 years ....

Question for a lawyer:

Is the father obliged to pay alimony during a divorce if the child studies full-time, after 18 years.

Lawyer's answer to the question: how much to pay alimony in a divorce
Not obligated. Can only help voluntarily.
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Lawyer's answer to the question: how much to pay alimony in a divorce
Not required to pay.
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There is a minor daughter. During the divorce, she filed for alimony, the accounting department paid a quarter of her salary, but now ...

Question for a lawyer:

There is an underage daughter. During the divorce, she filed for alimony, the accounting department paid a quarter of her salary, but now he got a new job and the salary is in an envelope, the alimony comes in a penny - 3915 rubles, which is less than the cost of living in St. Petersburg. I know that his level wages of at least 60,000-80,000 rubles. Voluntarily, he does not help, refuses to pay for additional classes in kindergarten, does not take care of the child and does not see her all this time after parting. Can I apply for deprivation of parental rights or confirmation of true earnings, because he obliged to pay a quarter of wages and other types of earnings, including black? Thank you

Lawyer's answer to the question: how much to pay alimony in a divorce
According to the Federal Law On Enforcement Proceedings, in order to establish real earnings, contact the bailiff. According to Article 69 of the RF IC, deprivation of parental rights is possible in case of malicious evasion from paying alimony
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Lawyer's answer to the question: how much to pay alimony in a divorce
There are no grounds for termination of parental rights

You can apply to the court with a claim for the appointment of alimony in hard cash if you think that the percentage of alimony violates the rights of the child
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How much do I have to pay when divorcing child support for 2 years, the wife works ...

Question for a lawyer:

How much do I have to pay in a child support divorce for 2 years, the wife works

Lawyer's answer to the question: how much to pay alimony in a divorce
Good evening, Ivan! You can draw up an agreement on the payment of alimony with your wife, which will spell out the procedure, terms and amount of alimony.

If there is no such agreement, then in accordance with Part 1 of Art. 81 of the Family Code of the Russian Federation, the court will oblige you to pay alimony in the amount of one quarter of the earnings and (or) other income of your parents.
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When divorced, how much should a husband pay alimony for two underage children? ...

Question for a lawyer:

Hello. In the event of a divorce, how much should a husband pay alimony for two underage children? If, during marriage, loans were taken for cars and household appliances (everything remains with the ex-husband), And if two garden plots were purchased during the marriage, one of which is issued on husband, another for his wife, as in the future their division can be.

Lawyer's answer to the question: how much to pay alimony in a divorce
Hello, Svetlana Vyacheslavovna.

If the husband works, maintenance for two children is collected in the amount of 1/3 of all types of income. If he does not work, then in a fixed amount of money, possibly in the amount of the subsistence minimum established for the given region. Loans will not affect the amount of alimony.

The division of plots will be made depending on their value. If the value is the same, then perhaps the ownership will remain with the one for whom it is registered. If different, then, perhaps, the same, only monetary compensation will be collected from the owner of the participant of a greater value. Or both sections - 1/2 each.
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Lawyer's answer to the question: how much to pay alimony in a divorce
Svetlana Vyacheslavovna, alimony for two children makes up 1/3 of the total income of a spouse, and alimony can also be collected by the court in a fixed amount of money. You can enter into an agreement on the payment of alimony in which you will reflect the amount. When dividing property, according to the UK, property acquired in marriage will be divided equally. It is possible to divide jointly acquired property by drawing up a division agreement, or in a judicial proceeding. GOOD LUCK!
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How much of a divorce does a husband have to pay child support?

Question for a lawyer:

Hello! I have two children. In the event of a divorce, how many percent of the earnings does the husband have to pay alimony? And will his bonuses and vacation pay be transferred?

Lawyer's answer to the question: how much to pay alimony in a divorce
1/3 of income, bonuses and vacation pay is also income, will be withheld
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Determining child support issues during divorce proceedings is one of the most difficult and often painful topics. Everyone needs to know the legal aspects of this phenomenon: both those who have the right to receive payments and those who are obliged to make them.

Alimony accrual

In the agreement, you can define the following options for calculating alimony:

  • share of income;
  • a fixed amount of money paid periodically or in a lump sum;
  • transfer of property;
  • other means to which the parties have come by mutual agreement.

Indexing

If the alimony is set in a fixed amount of money, then it will be adjusted whenever the cost of living changes. Must be indexed bailiffs, monitoring the fulfillment of maintenance obligations, as well as the organization in which the payer works or studies (if there is a scholarship).

The procedure for paying alimony

In the event of a debt on alimony for a spouse, all the same measures are characteristic as with debt on payments for children.

Alimony in a divorce can be paid for the maintenance of joint children or a wife. Their maximum size, duties, accrual procedure is regulated by the Family Code of the Russian Federation. It provides for financial obligations to persons requiring maintenance. This right is enshrined in law, a mother can claim alimony for a child, a father for a child, a wife for her own needs.

Alimony for divorce for wife

The grounds for granting financial support to a spouse are the following situations:

  • she was pregnant at the time of the dissolution of the marriage;
  • the joint child is under 3 years old - the woman is on parental leave;
  • there is a dependent child with a disability, the care of which requires constant presence - a woman cannot work;
  • a wife's disability that prevents her from acting.

A court may refuse to pay alimony to a disabled wife in a divorce if the marriage lasted less than 5 years or the injury was caused by personal alcohol abuse.

How to file for child support after a divorce?

Alimony in a divorce for a child can be paid in a voluntary or compulsory form. A parent living separately is obliged to take actions to support a minor citizen in respect of whom kinship has been established. He can buy things, food, medicines, give money on his own. This may not be documented.

Documents for child support after a divorce make it possible to fix the amount and procedure for deductions:

  • Agreement. When the parents reach agreement on the amounts, forms, procedure for paying alimony in the event of a divorce, a document is concluded that is certified by a notary. The limitation is the amount of payments, which cannot be less than the level provided by law.
  • By court. When filing a claim, you must specify the amount of alimony, which is calculated as a percentage of the payer's total income. The minimum payment limit is set at 25% for one child, 33% for two, and 50% for three children.

The plaintiff may file papers indicating the need to increase the monthly allowance. The maximum share can be 70% of all income (wages, pensions, scholarships, dividends, fees). Financial assistance issued by the state is not included in the income part.

Payment can take the following forms:

  • share of salary - relevant in the presence of a stable income;
  • in kind - if the defendant has a farm, the amount of alimony during a divorce can be converted into food;
  • property – if it is impossible to regularly pay the amount of maintenance in money, the property rights belonging to the defendant may be taken into account;
  • a fixed amount - the absence of constant earnings, its receipt in foreign currency allows you to pay not%, but a specific amount.

What documents are needed for alimony after a divorce?

Documents for child support after a divorce suggest the following list:

  • Statement of claim. It is drawn up in 3 copies (1 - remains in court, 2 - sent to the defendant, 3 - returned to the plaintiff with a registration mark). It does not have a clear pattern, this is due to the individuality of situations. It must indicate the name of the judicial authority, passport data of interested parties, an indication of the reasons for the appeal (detailed).
  • Copy of applicant's passport.
  • A copy of the birth certificate of joint children.
  • Certificate of family composition from the place of registration / extract from the house book.
  • A copy of the divorce document.

Additionally, to assign alimony after a divorce, it may be necessary to provide a calculation of the required amount, indicate the amount of the defendant's income (if information is available).

Where to file for child support after a divorce?

Prepared documents are submitted to the world court, the territoriality of which is determined by the plaintiff. A package of papers is sent to the office by mail or applied personally. The case may be considered for:

  • simplified procedure - without the presence of interested persons, the judge personally issues a court order;
  • claims proceedings - a full cycle of meetings, the presentation of their arguments challenging the position of the opposite side.

To obtain alimony, it is required with a court decision to apply to the executive service.

The termination of the payment of alimony in a divorce occurs in the following circumstances:

  • death of one of the interested parties;
  • 18th birthday of the child (exception - disability, studying at a university);
  • termination of the voluntary agreement;
  • cancellation of payments by court order.

The defendant pays the court costs in the course of the proceedings.


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 other 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) takes care of 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 talk about 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.

In 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 (a complete list of documents is presented 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.