Usually an application to the court for recovery of alimonyis filed simultaneously with the claim of divorce. Indeed, everything is logical: official family ties can be considered broken, the residence of under-age children is determined, and that of the parents who are separate from them, undertakes to pay the monetary maintenance by law. But not all citizens of our country know that it is not necessary to wait for a divorce for the purpose of alimony. Any family lawyer will say with confidence that the law does not relate the right to receive the help from one of the spouses with a record in the registry of civil status acts that the marriage is considered to be terminated. Therefore, it is possible to charge alimony if one of the parents has received a relevant statement about this at a time when there was as yet no divorce in the official sense of it. As you can see, the payment of maintenance for minor children has no direct connection with the dissolution of marriage.
Alimony without divorce - a reality?
Is this correct or not? To answer the question unambiguously, one 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 also are 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 must make every effort to ensure that the son or daughter received a basic general education and create all the necessary conditions for them to have the opportunity to continue it. On the basis of all of the above, the question arises: what is alimony? This is nothing like the statutory monetary content of a person entitled to it. Minor children are entirely in this category, because the fact that their material security is borne by their parents, is stated in Article 80 of the Russian Federation's Family Code. Therefore, any of the parents can be fully entitled to file an application for recovery of alimony, if the other avoids the obligation for the child, enshrined at the legislative level. That is, roughly speaking, does not bear any material responsibility for the life and development of a son or daughter. It is not necessary to say much and what causes are pushed to such behavior. Alcoholism, gambling, drug addiction or simply banal "stopped loving, gone, forgot" - these are the main reasons why children suffer from lack of financial support from the pope. Very often in forums where mothers communicate, you can meet questions like the following: "We do not live together with my husband, I practically bring up my child alone. Until I get divorced (or is the beginning of the process), but I would like to receive help from his father right now. Do I have this right? "Indeed, apartment issues, disputed property and so on often cause one of the spouses to shy away from the official dissolution of the marriage. And then the other has no choice but to go to court to collect the alimony even if the corresponding claim for the rupture of the marriage relationship is not filed. And this is an absolutely correct legislative norm, since children should not suffer from irresponsible treatment of one of the parents by them.
Procedure for filing an application for alimony without divorce
If we talk about how to file for alimony withoutdivorce, then the procedure for collecting such a monetary content is practically the same as that provided for the dissolution of marriage. The new Family Code of our state does not restrict parents in the right to enter into a voluntary agreement for assistance. This document is called an agreement on the payment of alimony. If, for some reason, it can not be compiled (lack of agreement of one of the parties), then the lawful content is collected by the relevant body. In this case, the father or mother who has the right to the assignment of alimony must apply to the courts with the relevant demand, regardless of whether or not a decision has been made on the issue of divorce. The statute of limitations does not play a role, that is, a statement can be submitted at any time, whenever the case of action occurs. If earlier the alimony was not paid by mutual consent, then they will be collected from the day of applying to the court. Of course, the law provides for the possibility of claiming them for the past period, but only for three years. In this case, the court must provide evidence that testifies to repeated unsuccessful attempts to get alimony. Such a rule is enshrined in Article 107 of the Family Code of the country. How much money can you get for one minor child? Article 81 of the same Code regulates the amount, tying it to twenty-five percent of all incomes of the respondent parent, provided that the child is first. This includes:
- all kinds of dividends;
- natural income;
- irregular earnings.
There are cases when it is much more convenientto collect the maintenance not in the amount of twenty-five percent of all income, but to determine a certain solid monetary figure. Its size can be established in court on the basis of Article 83 of the Family Code. At the same time, the court takes into account the possibility of maximum preservation of the child's (children's) level and quality of life. However, the material and marital 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 maintenance of underage children is assigned to the bailiff service. It is her employees who are obliged to impose a number of special sanctions on him in case of violation by the respondent 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, one can turn to the practical side of the issue of collecting alimony without divorce.
The procedure for submitting documents and their list
Most lawyers supportpreliminary negotiations with those of the parents who are obliged to pay the maintenance, for the voluntary conclusion of an alimentary agreement with him. Such a contract presupposes not only an individual determination of the amount of money, the terms and the procedure for their payment, that are due to an underage child. In this case, it is also possible to consider several other options for such assistance, for example, payment for services such as medical, educational or health. That the maintenance agreement had legal force, except for signing by both parents, it is necessary to assure it at the notary. It will always allow the father or mother to apply to the courts if one of them violates the terms of such a treaty. Unfortunately, often a very unpleasant situation develops, in which it is not possible to achieve an amicable compromise. Then, in order to avoid infringement of the rights of a minor child, the second parent should immediately apply to the court with a claim for recovery of the alimony in the official legal order. Serve it should be in the appropriate authority in the place of residence of the defendant. You can easily create an application yourself. It should include the following data:
- 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 attach documents that confirm the eligibility of such claims, 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.
The claim for recovery of alimony for a period ofnot more than five days from the date of registration in court. As soon as the relevant decision is received by the plaintiff in his hands, he can immediately submit it to the executive service body at the place of registration of the defendant or transfer it to the accounting department of the enterprise or firm where he works. To avoid unpleasant surprises with the possible loss of a court order, do not hesitate to ask for a receipt about his receipt by an official. Simultaneously, provide the details of your savings book, which will be transferred to the amount of money. Very often women, willy-nilly confronted with the need to educate a child without the participation of his legal father, without divorcing him officially for some perfectly understandable reasons, ask: "Does it make sense to file for alimony when the defendant is unemployed, has no permanent income or even disappeared in an unknown direction? ". Of course, it does, and it must be done without delay. The fact is that the calculation of the relevant amounts will begin from the moment the lawsuit is filed irrespective of whether the respondent wants to pay them or not. In any case, the law says that, having the appropriate court order on hand, you can at any time collect from him the full amount of 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 in this you will not interfere. By the way, the law does not provide for any restrictions on the collection of the content, therefore, both an elderly parent and a young person who has become a minor can sooner or later force them to pay the bills. In addition to legal grounds for obtaining support for a son or daughter, there is still a penalty for such maintenance for one of the spouses. And you can get it even before the dissolution of marriage officially. But in this case, just like in the previous one, it's worth trying to agree on a good start. And if the claimant voluntarily refuses to fulfill his obligations, it is necessary to send a suit to the court. The form and meaning of the statement from the first will not be particularly different, except that the list of attached documents will be slightly changed. The right to receive maintenance is:
- 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 done its bestto protect the interests of minor children, if one of their parents refuses to bear obligations for their maintenance. Therefore, you can certainly file for alimony without divorce. True, it is necessary to prove that the father or mother really does not take a proper part in the life of the child. Of course, if the material situation of the parent who carries out custody, allows children to be provided independently, without needing food, clothes and so on, then the right of choice remains exclusively for him. But it also happens that the mother is incredibly difficult to bear all the costs associated with raising a child, one. Then there is nothing shameful in recovering from a negligent father assistance that is legitimate. Therefore, do not be in captivity for false beliefs and pride, because it's not about you, but about the welfare of your child. And only you are able to try to give him all that he needs and, if necessary, do it through the court. The end of the form