Usually an application to the court for the recovery of alimonyis filed simultaneously with the divorce claim. Indeed, everything is logical: official family ties can be considered broken, the place of residence of minor children is determined, and the parent who is separated from them is obliged by law to pay financial support. But not all citizens of our country know the fact that there is no need to wait for a divorce to assign alimony. Any family lawyer will confidently say that the law does not in any way link the right to receive the required assistance from one of the spouses with an entry in the civil registry that the marriage is considered dissolved. Therefore, alimony can be calculated if one of the parents has submitted a corresponding application for this, while there has not yet been a divorce in the official sense. As you can see, the payment of maintenance for minor children is not directly related to the dissolution of the marriage.

Alimony without divorce - a reality?

Is this correct or not?To answer this question unambiguously, we should refer to Article 63 of the Family Code of the Russian Federation. It clearly states that parents not only have the right to raise children, but are also responsible for them. They must take care of the spiritual and moral development of their offspring, and are also responsible for their physical and mental health. In addition, it is the father and mother who are obliged to make every effort to ensure that their son or daughter receives basic general education and create all the necessary conditions to ensure that they have the opportunity to continue it. Based on all of the above, the question arises: what is alimony? This is nothing more than the monetary maintenance of a person entitled to it, as determined by law. Minors entirely fall into this category, because Article 80 of the Family Code of the Russian Federation states that their financial support is entrusted to their parents. Therefore, any of the parents has every right to file an application for alimony if the other evades their obligations towards the child, as enshrined in law. That is, roughly speaking, does not bear any financial responsibility for the life and development of a son or daughter. There is no need to say much about the reasons for such behavior. Alcoholism, gambling, drug addiction or simply the banal “fell out of love, left, forgot” - these are the main reasons why children suffer from the lack of financial support from their father. Very often on forums where mothers communicate, you can find questions like the following: “My husband and I do not live together, I am raising the child practically alone. I am not getting divorced yet (or the process is starting), but I would like to receive the due assistance from his father right now. Do I have such a right? " Indeed, housing issues, disputed property, and so on often force one of the spouses to avoid an official divorce. And then the other has no choice but to go to court to collect alimony even if a corresponding claim for the termination of the marriage is not filed. And this is an absolutely correct legislative norm, since children should not suffer from the irresponsible attitude of one of their parents towards them.

Procedure for filing an application for alimony without divorce

If we talk about how to apply for alimony withoutdivorce, then the procedure for collecting such monetary support is practically no different from that provided for in the dissolution of marriage. The new Family Code of our country does not limit parents in the right to conclude a voluntary agreement on assistance. This document is called an agreement on the payment of alimony. If for some reason it cannot be drawn up (lack of consent of one of the parties), then the legal maintenance is collected by the relevant body. In this case, the father or mother who has the right to assign alimony must apply to the court with a corresponding demand, regardless of whether a decision has been made on the issue of divorce. The statute of limitations does not matter, that is, the application can be filed at any time, whenever the claim occurs. If alimony has not previously been paid by mutual agreement, then it will be collected from the date of application to the court. Of course, the law also provides for the possibility of claiming them for the past period, but only for three years. In this case, the court must be presented with evidence of repeated unsuccessful attempts to obtain alimony. This rule is enshrined in Article 107 of the Family Code of the country. How much in monetary terms can one receive for one minor child? Article 81 of the same Code regulates the amount, tying it to twenty-five percent of all income of the defendant parent, provided that the child is the first. This includes:

• wage;
• all kinds of dividends;
• natural income;
• pension;
• irregular earnings.

There are cases when it is much more convenientto collect maintenance not in the amount of twenty-five percent of all income, but to determine a certain fixed monetary figure. Its amount can be established in court on the basis of Article 83 of the Family Code. In this case, the court takes into account the possibility of maximally preserving the previous standard and quality of life of the child (children). However, the financial and family status of both parties (father and mother) are also considered, and other circumstances are also taken into account. Control over the timely payment of alimony for minor children is assigned to the bailiff service. It is its employees who are obliged to impose a number of special sanctions on him in the event of a violation by the defendant of the terms and amounts of the mandatory amount established by the court. And now, when everything has become much clearer with the legal aspect, we can move on to the practical side of the issue of collecting alimony without divorce.

The procedure for submitting documents and their list

Most lawyers are in favor of holdingpreliminary negotiations with the parent who is obligated to pay maintenance, on the subject of voluntarily concluding an alimony agreement with him/her. Such an agreement implies not only an individual determination of the amount of money due to the minor child, the terms and procedure for paying it. In this case, you can also consider slightly different options for such assistance, for example, payment for such services as medical, educational or health. In order for the alimony agreement to have legal force, in addition to being signed by both parents, it must be certified by a notary. This will always allow the father or mother to go to court if one of them violates the terms of such an agreement. Unfortunately, a very unpleasant situation often arises in which it is not possible to reach an amicable compromise. Then, in order to avoid infringement of the rights of the minor child, the second parent should immediately go to court with a claim for the collection of the due alimony in an official legal manner. It should be submitted to the appropriate authority at the place of residence of the defendant. The application can be easily drawn up independently. It should contain the following information:

• the name of the judicial authority to which the action is filed;
• surname, first name and patronymic of the recoverer and his place of residence;
• surname, name and patronymic of the debtor and his place of residence;
• essence of claims of the recoverer and a description of the circumstances of the claim.

In addition, the application must be accompanied by documents that confirm the validity of such requirements, namely:

• passport (original and copy);

• a certificate from the applicant's and the defendant's place of work on the income of each in the form of 2-NDFL or arbitrarily;
• extracts from the home book of the applicant and the defendant or a quartermap (her certified copy);
• the child's birth certificate (original and copy);
• certificate of marriage registration (original and copy);
• a list of documents that are attached.

A claim for the recovery of alimony for a period ofno more than five days from the date of its registration in court. As soon as the plaintiff receives the relevant decision, he can immediately present it to the enforcement agency at the defendant's place of registration or transfer it to the accounting department of the enterprise or firm where he works. To avoid unpleasant surprises with the possible loss of the court order, do not hesitate to ask for a receipt of its receipt by the official. At the same time, provide the details of your savings book, to which the amounts of money will be transferred. Very often women who, willy-nilly, are faced with the need to raise a child without the participation of his legal father, without officially divorcing him for some quite understandable reasons, ask: "Does it make sense to file for alimony in a case where the defendant is unemployed, has no permanent income or has disappeared in an unknown direction?" Of course, it does, and this must be done without delay. The fact is that the accrual of the relevant amounts will begin from the moment the claim is filed, regardless of whether the defendant wants to pay them or not. In any case, the law says that, having a corresponding court order in hand, you can at any time collect from him the entire amount of the accumulated debt from any income and even from a pension. Neither the age of such an irresponsible father, nor the coming of age of the child will prevent you from doing this. By the way, the law does not provide for any restrictions on the collection of maintenance, so both an elderly parent and a minor young person who has become one can sooner or later be forced to pay the bills. In addition to the legal grounds for receiving alimony for a son or daughter, there is also the collection of such maintenance for one of the spouses. And you can also receive it even before the official dissolution of the marriage. But in this case, as well as in the previous one, you should first try to agree amicably. And if the plaintiff voluntarily refuses to fulfill his obligations, it is necessary to send a corresponding claim to the court. The form and meaning of the application itself will not be particularly different from the first, except that the list of attached documents will change slightly. The following have the right to receive alimony:

• one of the needy disabled couples;
• a woman during pregnancy and for three years from the birth of the child from the legal spouse;
• one of the needy spouses, who cares for the common child with acquired disability, before the son (daughter) turns eighteen years old;
• One of the needy spouses, caring for a common child, having the status of a disabled child of the first group.

As you can see, the legislation has tried its bestprotect the interests of minor children if one of their parents refuses to bear the obligation to support them. Therefore, it is certainly possible to file for alimony without a divorce. However, it is necessary to prove that the father or mother really does not take the necessary part in the child's life. Of course, if the financial situation of the parent who exercises guardianship allows him or her to provide for the children independently, without experiencing a need for food, clothing, etc., then the right to choose remains exclusively with him or her. But it also happens that it is incredibly difficult for a mother to bear all the costs associated with raising a child alone. Then there is nothing shameful in collecting from a negligent father the assistance due by law. Therefore, you should not be held captive by false beliefs and pride, because it is no longer about you, but about the well-being of your child. And only you can try to give him or her everything he or she needs and, if necessary, do this through the court. End of form

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