In addition, that every year the number ofdivorced marriages, unfortunately, is inexorably growing, in fact, in the sphere of family relations there are also more difficult problems. Some couples for a certain reason (material difficulties, lack of consent, etc.) can not officially divorce for a long time. Submission of documents, division of property, divorce and alimony - all these factors become a difficult problem for both spouses, forcing them to further joint existence. In fact, such situations can arise only in a family where they are completely unaware of the laws, because they clearly state the behavior in such situations. "Can I apply right now for alimony?". Such a question arises in women, when she and her husband stopped all sorts of family relationships, but officially still is his lawful wife. Quite often, a husband does not provide his family financially, because he abuses alcohol, does not want or can not find a job, earns little, and the like. The legislation of Russia, like many other developed countries, provides for a variety of options for the protection of all human rights. To receive alimony while in a marriage, it is also possible, by the way, not only for the child, but also for the needy spouse or spouse (incapacity must be recognized in court).
Alimony on the child in marriage
Submit without divorce on alimony can be in theThe situation when one of the spouses in relation to the child does not fulfill his parental obligations. The legislation of our country also provided for cases in which payments are paid not only to children, but also to the spouse. For example, if a child is three years from the date of birth or the woman is pregnant, she can receive alimony for herself and her baby, even if they are in an official marriage. In this case, the procedure for filing documents is the same as in the case of divorce. If the spouses agreed, they can together draw up a contract and even specify the necessary amounts for payment, but to give such a document legal force, it is necessary to officially certify it from a notary. In the presence of disputes and disagreements of one parent to fulfill obligations towards his child (minor), you can simultaneously apply for alimony and divorce, in which case they will be accrued not after the formal dissolution of the marriage, but from the day of filing. When applying for alimony, it is necessary to take into account that the court can charge them in a fixed sum of money or a certain percentage of the spouse's official income, and there are some factors that affect 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 with a fixed sum of money. To do this, it will be necessary to submit documents that confirm that the actual earnings are higher than those indicated in the income statement (the conclusion of profitable transactions, the acquisition of new expensive items and the like). In addition to paying alimony, our legislation provides for the joint participation of both parents in the treatment and development of common children. If the spouses do not agree, you can also apply for some additional costs. By the way, this option is possible with the payment of child support and without divorce.
Recovery of child support in marriage
If the spouse deliberately evades paymentalimony, he will incur criminal liability before the law. In addition, for each day of delay on the payer will be charged a penalty, and for regular non-payment the mother of the child may deprive his father of parental rights. In the event that, for certain circumstances, the payment is not made, the child can be issued state assistance, which will later be collected from the spouse who has alimony obligations. If the fact of malicious evasion of alimony will be formally proven, the court may decide on taking other measures to recover from the defendant the right amount. Alimony is paid exclusively in cash, but if the payer does not have money at all, then by mutual consent of the spouses within the framework of the agreement, it is possible to pay out other property (car, house, cottage, etc.). Alimony and civil marriage Although there is no such thing as a "civil marriage" in legislation, even without a stamp in the passport, it is possible to obtain alimony for the child, and to the question: "Can I count on something if our relations were not official? "The answer is obvious - of course you can. After all, there are clearly stipulated in the law the rights and responsibilities that must be used and executed in this situation for the benefit of the common child. Note that children born to parents who are in a civil family have the same rights as those born in an official marriage. That is why alimony obligations arise in a similar 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 registrar or through a court). In a civil marriage, you can conclude an agreement on the payment of child support for a child with fixed terms, conditions and so on. This document should be notarized, and then to apply to the court for its execution will not be necessary. But according to Article 103 of the Family Code, such an agreement should not worsen a child's financial situation (the amount of child support may not be too low).
How to act in a similar situation
To file for alimony when married is more reasonableafter consultation with a lawyer. Only an experienced specialist will help you competently and correctly draw up a contract or statement, advise which documents will be useful for obtaining the optimal amount for you. And do not forget that before you go to court, it is advisable to talk with your spouse about signing an agreement. The claim for alimony must be submitted in writing and presented with the plaintiff's signature to the court. Within a few days after his arrival, the judge is obliged to consider accepting an application for recovery of alimony for the production of a court, after which a civil case is initiated. In the application it is necessary to indicate the court (to which the documents are submitted), the name, surname and patronymic of the plaintiff, the registration address, the actual residence (if different), the name, surname and patronymic of the respondent, his address (actual and permanent). The following documents must be attached to the statement of 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 on a personal admission to the magistrate or sent by registered mail by mail.
Alimony for a child: frequently asked questions
In conclusion, we present answers to the most common questions of 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.