In addition, every year the numberthe number of dissolved marriages is unfortunately growing inexorably, in fact, there are more difficult problems in the area of ​​family relations. Some couples, for certain reasons (financial difficulties, lack of consent, etc.), cannot officially divorce for a long time. Filing documents, dividing property, divorce and alimony - all these factors become a difficult problem for both spouses, forcing them to continue to live together. In fact, such situations can only arise in a family where they do not know anything about the laws, because they clearly spell out the behavior in such situations. "Can I apply for alimony right now?" This question arises for a woman when she has terminated all family relations with her husband, but is still officially his legal wife. Quite often, the husband does not provide for his family financially, because he abuses alcohol, does not want or cannot find a job, earns little, etc. The legislation of Russia, like many other developed countries, provides for a variety of options for protecting all human rights. It is also possible to receive alimony while married, by the way, not only for a child, but also for a needy spouse (incapacity must be recognized by a court).

Alimony on the child in marriage

You can apply for alimony without a divorce in thatsituations when one of the spouses does not fulfill their parental obligations towards the child. The legislation of our country also provides for cases in which payments are accrued not only for children, but also for the spouse. For example, if three years have not passed since the child's birth or the woman is pregnant, she can receive alimony for herself and for her baby, even if she is officially married. In this case, the procedure for filing documents is the same as in the case of divorce. If the spouses have come to an agreement, they can draw up an agreement together and even indicate the required amounts for payments in it, but to give such a document legal force, it is necessary to officially certify it with a notary. In the presence of disputes and disagreement of one parent to fulfill obligations towards their child (minor), you can simultaneously file an application for alimony and divorce, in which case they will be accrued not after the official dissolution of the marriage, but from the date of filing the documents. When applying for alimony, it is necessary to take into account that the court may award them in a fixed monetary amount or a certain percentage of the official income of the spouse, and there are some factors that influence the amount of such payments:

• income level of the spouse;
• state of health of the spouse;
• the child's state of health;
• The presence of other children in the spouse who fulfills maintenance obligations.

If your husband's income is irregular, if histhe official salary is very different from the unofficial one, then you can demand payment of alimony in a fixed monetary amount. To do this, you will need to provide documents that confirm that the actual earnings are higher than indicated in the income certificate (conclusion of profitable transactions, purchase of new expensive things, etc.). In addition to the payment of alimony, our legislation also provides for the joint participation of both parents in the treatment and development of common children. If the spouses do not come to an agreement, then you can also file an application for payment of some additional expenses. By the way, this option is possible when paying child support and without divorce.

Recovery of child support in marriage

If the spouse deliberately evades paymentalimony, he will bear criminal liability before the law. In addition, for each day of delay, a penalty will be charged to the payer, and for regular non-payment, the child's mother can deprive the father of parental rights. In the event that, under certain circumstances, payment is not made, state assistance can be issued for the child, which will then be collected from the spouse who has alimony obligations. If the fact of malicious evasion of alimony is officially proven, the court may decide to take other measures to collect the required amount from the defendant. Alimony is paid exclusively in cash, but if the payer has no money at all, then by mutual agreement of the spouses within the framework of the agreement, payment can be made with other property (car, house, dacha, etc.). Child support and civil marriage Despite the fact that the law does not define a “civil marriage”, even without a stamp in your passport you can still obtain child support, and to the question: “Can I count on anything if our relationship was not official?” the answer is obvious - of course you can. After all, there are clearly defined rights and obligations in the law that must be used and fulfilled in this situation for the benefit of the common child. Keep in mind that children born to parents in a civil family have the same rights as those born in an official marriage. That is why child support obligations arise in the same way (Article 53 of the Family Code of the Russian Federation), but for this it is necessary to confirm paternity (either by filing an application with the registry office or through the court). In a civil marriage, you can enter into an agreement on the payment of child support with established terms, conditions, and so on. This document should be notarized, and then there will be no need to go to court to enforce it. But according to Article 103 of the Family Code, such an agreement should not worsen the financial situation of the child (the amount of alimony cannot be too low).

How to act in a similar situation

Filing for alimony while still marriedit is most reasonable after appropriate consultation with a lawyer. Only an experienced specialist will help you competently and correctly draw up an agreement or application, advise what documents will be useful to receive the optimal amount for you. And do not forget that before going to court, it is advisable to talk to your spouse about concluding an agreement. A claim for alimony must be filed in writing and presented to the court with the plaintiff's signature. Within a few days after its receipt, the judge is obliged to consider the issue of accepting the application for the recovery of alimony for court proceedings, after which a civil case is initiated. The application must indicate the court (to which the documents are submitted), the plaintiff's name, surname and patronymic, registration address, actual (if different) place of residence, the defendant's name, surname and patronymic, his address (actual and permanent). The following documents must be attached to the claim:

• a photocopy of the marriage certificate;
• a photocopy of the child's birth certificate (or several children);
• the certificate from the place of work of the defendant, and if it is unknown, you must indicate this in the application.

All documents are submitted in person to the justice of the peace or sent by registered mail.

Alimony for a child: frequently asked questions

And finally, we present answers to the most frequently asked questions from our readers, which may be useful to other women.

• Can I file for alimony while in an official marriage, but not supporting family relationships? - Yes, the application can be submitted both during the marriage and after its dissolution.
• What documents do I need to register support? - Birth certificate of the child, statement of claim, marriage certificate, certificate of the spouse's salary, a copy of his passport.
• Can I be sure that if a spouse turns away from payments, he will be criminally liable? - Yes.
• If I'm not in an official marriage with the father of a child, can I rely on alimony in this case? - Yes.
• Can I ask my spouse to pay for education, child care and other things besides alimony? - Yes.
• If the official salary of a spouse is less than real, can I expect to receive alimony from the calculation of unofficial income? - No, but you can get a solid sum of money.
• Is there a minimum amount of child support, which I can not receive less? - No, but the court always takes into account the cost of living.
• Can I spend maintenance on my ownneeds? Or should they be spent by me only on the child? - If you spend alimony for your own needs, the spouse has the right to sue you.
• If the financial situation of the spouse has changed inbetter, can I ask to increase the size of the payments? - Yes, after determining the amount of alimony in the ship's order at the request of one of the parties, the court can change the amount of alimony established earlier.

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