Alimony for the maintenance of a wife up to 3 years, alimony for the mother of a child up to three years, the amount of alimony for a spouse up to 3 years

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Alimony for spouse up to 3 years

The Family Code (Article 90) clearly states the regulations on how to pay alimony for the maintenance of a mother and child after he or she reaches the age of three. If a woman is pregnant, but the relationship breaks down, the ex-husband is obliged to support the woman after the birth of the baby, that is, to pay alimony for the maintenance of his wife for up to 3 years.

If a woman gives birth to a baby, but fails to save the family, the man must pay a certain amount not only for the common child, but also for his wife until he turns three years old.

Taking care of the newborn, and having no income, only the mother will have to sit at home with him. In general, any person who supports and cares for a child under three years of age can receive alimony.

And also the spouse is obliged to support not only the child, but also the wife upon the birth of a disabled person. If the disability of the first group is indefinite, if the second or third - up to eighteen years.

In this situation, a woman must need financial support, that is, be unable to work.

In all these cases, the woman has the right to receive payments not only for the baby, but also for herself.

How to apply for child support for your mother

A woman who is on maternity leave or has a child under three years of age can obtain alimony in several ways:

1. Draw up an agreement certified by a notary. The agreement stipulates the amount of payments, how and within what time frame this will occur. After this, it is notarized and presented to the court. Based on this, a court decision is made to recover payments.
2. Statement of claim. The mother of the child submits an application to the court for monetary payments for her maintenance. The claim is filed in the magistrate's court.
3. By court order. The order is collected if complete mutual understanding is reached between the husband and wife. The mother writes an application for a court order to collect alimony in her favor. After this, the order is given to the bailiff service.

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• Based on this, the bailiffs open enforcement proceedings, then the collection process begins.
• Documents that are required to be presented to the court in addition to the statement of claim:

• Copies of the wife's and husband's passports;
• Certificate of marriage or divorce;
• A certificate from the antenatal clinic about the timing of pregnancy, if available;
• Child's birth certificate (copy);
• A certificate from housing and communal services confirming the joint residence of the father and the child;
• For the mother, a certificate from the place of work confirming that she is on maternity leave;
• Certificates of income of the child's father.

The mother must, with the help of collected documents, prove to the court that not only the child, but she also needs financial support during this period.

Amount of payments per mother

When determining the amount of payments to the mother, it must be taken into account that, according to the law, the husband cannot pay more than fifty percent of the alimony amount paid for the child.

If the amount of alimony for a child is twenty thousand rubles, then for the mother it will be ten thousand rubles. If there is no agreement between the spouses on a different amount of payments. Expenses for the baby are shared equally between the father and mother.

But if there is no agreement between the spouses on the amount of alimony, the court will make a calculation based on the cost of living in the region of residence of the defendant. This could be one and a half living wages, or five.

How to change the amount of alimony

The defendant files a counterclaim to reduce the amount of penalties. But for such actions, the child’s father must have good reasons:

• The birth of a child in another family
• Certificate of chronic illness
• Disability due to injury or illness
• In these cases, it is possible to reduce the amount of payments to the wife.

There are cases when you can avoid paying alimony to your wife:

1. A very short period of marriage, less than a year.
2. Immoral actions of a wife in marriage (infidelity, drunkenness, etc.)
3. The mother's disability caused by her fault.
4. False information about the wife's income in order to receive alimony for their maintenance.
5. If a woman earns income by renting out an apartment.
6. Registered marriage with another person

But all these factors require evidence of at least one of them, supported by documents.

Where to go for help

1. A claim is filed in the magistrate's court if the case is being considered only for the collection of alimony.
2. If the case is about divorce, but without claims against each other, then also to the magistrates' court.
3. If there is no agreement between the parents about the child’s place of residence and the amount of child support, then to the district court.

1. The claim is filed at the place of residence of the defendant or plaintiff.
2. Still have questions? Consult a lawyer
3. You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

• +7 (499) 703-35-33 ext.507 - Moscow and region;
• +7 (812) 309-06-71 ext.155 - St. Petersburg and region;
• +7 (800) 777-08-62 ext.132 - all regions of the Russian Federation.

Alimony for the maintenance of the mother of a child under 3 years of age

Official registration of marriage relations carries a number of advantages for members of the newly formed cell of society. Having registered a marriage, husband and wife become mutually responsible for each other.

According to the law, such responsibility is expressed in material support for the spouses.

Any of the spouses can be involved in fulfilling obligations if the second partner of the relationship needs financial protection and support.

Liability arises in circumstances in which one partner becomes temporarily or permanently incapacitated.

In married couples, temporary disability is most often associated with the expectation of offspring. During this period, the wife cannot work, first due to the physiological state of the body, and subsequently the need arises to care for the newborn baby.

The official period of child care is determined by law to be three years. This is a period when a man is a priori obliged to support not only his child up to 3 years old, but also his wife. In the event of a divorce, this responsibility is not removed from the man, but it acquires some boundaries.

The ex-husband will pay alimony for the maintenance of his wife in accordance with the amount agreed upon in official documents.

Conditions for receiving alimony

Article 89 of the RF IC describes the legal conditions, when they arise, the obligations of the spouses in relation to their official half appear.

The list of mandatory conditions includes:

1. Legitimacy of marriage between partners. You can only bear financial responsibility towards a partner with whom marriage obligations have been officially registered. This level of responsibility continues after divorce, but only for a certain period of time. For example, you can collect alimony for spousal support while you are divorced. Established disability for a given period of time and, accordingly, the inability to provide and support oneself.
2. Woman's pregnancy. Any mother can apply for alimony for her maintenance from the moment she leaves during maternity until the baby is three years old.
3. Raising a child from the moment of his birth until he is 3 years old.
4. The presence of a child who is a disabled person of the second or third group extends the period of possible collection of alimony for spousal support until the children reach adulthood.
5. If a child born to a couple has a Group 1 disability, then spousal support will have to be paid for life.

In any of these cases, there are many nuances to consider. The most important aspect for awarding child support to the child's mother is whether she is working or unemployed.

If the wife is unemployed, due to the impossibility of separating from the child, due to the need to satisfy his physical and other needs, then the man must pay alimony allowance for the maintenance of the wife until the period specified in the court order.

Appointment of alimony

Alimony for the maintenance of the mother of her child under 3 years of age is awarded in two cases:

1. The spouses are still in a marital relationship, but the husband does not support his wife financially on his own. In this situation, the spouse has the right to apply not only for her own support, but also for child support payments.
2. The marriage has been dissolved, but the ex-wife is raising a child under three years old, or she is just getting ready to become a mother.

The law stipulates that if a woman goes on maternity leave within six months after a divorce, and the question of paternity does not arise, then she can apply for alimony for her maintenance.

The collection of alimony for the maintenance of a wife has its limitations.

You will not have to pay alimony to support your ex-wife if:

1. The marriage lasted less than a year. This condition does not always determine a 100% refusal to assign alimony benefits to the ex-spouse, but in this situation, many factors are taken into account and the mother of her child under 3 years old may not have to pay alimony.
2. The payment of alimony is canceled if the ex-wife led an immoral lifestyle while married. This also takes into account the use of alcohol, drugs, infidelity and other circumstances.
3. Alimony maintenance is not assigned if the wife’s incapacity for work was caused by an illegal act she committed or under the influence of alcohol or drugs.
4. Also, the amount of alimony deductions for the wife can be significantly reduced or even canceled if there is evidence of concealment of one’s true income.

You can assign alimony for spousal support through a voluntary agreement between the parties or by applying to the court.

Notarial agreement on alimony

The legal legislation of the Russian Federation allows you to pay alimony for your wife and child by concluding an agreement with your spouse. This method is stipulated in Article 100 of the RF IC and allows the couple to resolve the current situation peacefully, without resorting to the services of the judiciary.

To conclude an agreement you will need:

1. The voluntary desire of both partners to accept this method of payment.
2. Reaching consensus on the amount of alimony for the maintenance of the child's mother.
3. Notarization of agreements reached.
4. Indication of the terms of monthly payments.

Article 101 of the RF IC indicates the possibility of making adjustments to the document and its termination at any time. But all changes are made exclusively with mutual consent of the parties.

It is not possible for one party to terminate the agreement solely.

If at some stage the father and mother could not come to a common decision, then each of them can apply for judicial review of the issue.

Alimony by court decision

Child support for the mother, like child support for the father, is most often ordered by the court. The magistrate's court, where cases of this category are considered, has the right to collect alimony for the ex-wife and children.

To assign alimony for the maintenance of the mother of a child under 3 years of age, the smallest details of the previous life together and the current material needs of the wife and children are taken into account.

When considering a filed claim, the judge takes into account the needs and requirements of all parties to the process, not forgetting the capabilities of the defendant. Regardless of any nuances, there are always limits to alimony benefits.

To assign alimony for the maintenance of the mother of a child under 3 years old, you should:

1. Prepare a package of documentation necessary for the court hearing.
2. Write a statement of claim to receive benefits from your husband.

The claim is filed by the spouse, and alimony deductions are subsequently collected in her name.

Alimony for a wife is not paid in full if:

1. The woman created a new family relationship by entering into an official marriage with another partner.
2. When the child reaches 3 years of age.

If she goes back to work or improves her financial situation in other ways, then the payments may be revised.

Documents for assigning alimony

Collected payments require documentary evidence. When drawing up a notarial agreement, you will need a minimum package of papers.

Spouses will need to prove the formality of their relationship, is it accepted as a marriage certificate? and the document on its termination.

When assigning alimony for a child or for the mother of a child under 3 years of age, a document indicating the date of his birth is also required. The list is supplemented with parents' passports. These papers will be sufficient to conclude an agreement.

When court assigning alimony to a wife on maternity leave, the plaintiff is obliged to provide:

1. Identity cards of the parties to the process. You will need both originals and copies of samples.
2. Certificate for a child under 3 years of age.
3. A form issued by the housing department indicating who lives with the minor.
4. Certificates of earnings of both husband and wife or lack thereof.
5. Marriage certificate or divorce document.

Amount of alimony payments

How much percentage of the salary must husbands pay to their ex-wives before the child reaches 3 years of age?

The amount of alimony that a man is obliged to pay to his wife when she is on maternity leave has no maximum or minimum limits. The amount of payments depends on several initial indicators:

1. Father's income.
2. The woman's needs for herself and the minor.
3. Children's age.
4. Legality of relationships. A common-law wife is not entitled to maintenance.

Taking into account all factors, the amount of alimony for the child’s mother cannot exceed half of the assigned amount of alimony payments for the child himself.

This restriction has a legal basis. It was decided that both parents must provide for their child equally for all eighteen years, therefore alimony to the wife is paid no more than half of the amount awarded for the child. She must provide the remaining half herself.

Alimony payment period

The period of child support payments to the child's mother has strict restrictions. Its end always occurs on the day the child turns three years old. The fact when the documents for alimony deductions were submitted is not taken into account.

In certain circumstances, a woman can recover child support for the previous three years, but only for the baby, and not for herself.

This opportunity is available to those mothers who can prove that they have made various attempts to withhold payments from their ex-spouse.

Any evidence must have documentary evidence, this could be letters, an agreement form or other documents.

Child support to the child's mother must be paid monthly without delay. The irregularity of payments imposes on the defendant the need to repay the penalties that accumulate for late payment.

Alimony for wife support

Alimony for the maintenance of the mother of a child under 3 years of age

The ex-wife has the right to demand alimony not only for the child, but also for her maintenance. This right for women is guaranteed by Article 90 of the Family Code of the Russian Federation. However, its implementation is possible only if certain conditions are met.

• You can also watch the video review
• A woman can count on financial assistance from her ex-husband in the following cases:

• during pregnancy;
• until the joint children turn 3 years old;
• in case of disability acquired before the divorce or within a year after it;
• when caring for disabled children until they turn 18 years old, and if they have a disability of group 1, for life;
• upon retirement within five years from the date of divorce proceedings.

A prerequisite for assigning payments to the ex-wife in each of the above cases is her documented difficult financial situation. The court also takes into account the financial capabilities of the potential payer; low income or the presence of other dependents may affect the amount of payments assigned.

The right to alimony is granted not only to the mother, but also to the father if the children remain living with him. Then the ex-wife becomes obligated to pay maintenance to the second parent for the first three years of the child’s life.

Alimony obligations for the maintenance of the mother are formalized in three ways:

1. Conclusion of a settlement agreement.
2. By court order.
3. With the help of the child's mother filing a statement of claim in court.

The first option requires the consent of the ex-spouse to provide financial support not only to the children, but also to the ex-wife. In this case, you can do without court intervention and simply provide the notary with the documents necessary to formalize alimony relations. These include:

• documents confirming the identities of parents and children;
• certificate of marriage (divorce);
• certificate of family composition;
• documents confirming that the mother needs financial assistance (certificates of being on maternity leave and the amount of social benefits, checks and receipts reflecting the amount of child expenses);
• information about the father's income.

If the agreement includes alimony for a pregnant woman, the notary must provide a certificate from a medical organization indicating the duration of pregnancy.

If the second parent refuses to pay maintenance to the mother of children under three years of age, alimony can be collected through the court. If you have information about the location of the defendant and his official place of work, it is enough to contact the court with an application for a court order for alimony, which must subsequently be transferred to the bailiffs for execution.

If the ex-spouse tries to evade his responsibilities, a claim can be filed with the judicial authorities for forced collection of alimony.

By decision of the court, a writ of execution is formed and transferred to the bailiff service.

A woman can sue to collect alimony for her maintenance until the baby reaches three years of age, regardless of the status of the relationship with his father. This could be an ongoing marriage or one that has already been dissolved, or even no registration at all. In the case of a civil marriage, the fact that the defendant is registered on the birth certificate will be sufficient.

The defendant always has the right to appeal the judge’s decision if he does not agree with the demands of his ex-wife. After reviewing documents proving the impossibility of paying maintenance in the assigned amount, the court may decide to reduce the amount of payments, and in some cases, cancel them.

In what cases is alimony not calculated?

The ex-spouse will be able to avoid the responsibility of supporting the mother of his children in the following cases:

• the duration of the marital union is less than 1 year;
• divorce due to the wife’s unworthy behavior (alcohol abuse, adultery, etc.);
• acquisition of disabled status by a spouse due to her own fault (injury while intoxicated or in the process of committing a crime);
• deliberate concealment by the child's mother of personal income.

When filing a counterclaim to reduce the amount of alimony payments, evidence may include:

• birth certificates of children from a second marriage;
• a conclusion from a medical organization that the defendant has a serious illness that requires long-term and expensive treatment;
• documents confirming the assignment of a disability group to the defendant.

You can appeal the amount by proving an increase in the level of your ex-wife’s financial condition. And when she enters into a second marriage, the former spouse is automatically relieved of the obligation to pay alimony for the maintenance of the mother of his children.

Does a spouse stop paying when a woman gets a job?

A controversial issue is the continuation of financial support payments to the mother of a child up to three years of age, after she returns to work. On the one hand, she is no longer unemployed and can provide for herself; on the other hand, the child’s father remains obligated to pay child support to his mother for all three years. In such cases, the court makes a decision based on the circumstances of each specific case. What is taken into account is whether the ex-wife pays the nanny's salary, or whether the children are looked after by grandparents while she has to work. And also the amount of income she receives. In such situations, judges often decide to change the amount of alimony, but not to completely cancel it, since this is still a violation of a woman’s rights guaranteed by the Family Code of the Russian Federation.

Amount of child support for the child's mother

The amount of alimony for a former spouse is not approved by law and is determined individually each time. The court takes into account the woman’s requirements and her living conditions, and based on this, sets the amount of payments. In this case, the rule must be observed - alimony for the maintenance of a wife up to 3 years of age for a child should be no more than 50% of child support payments. This is explained by the fact that parents are required to make an equal contribution to financing the costs of raising children.

The amount of child support is prescribed in the terms of a voluntary agreement, or is assigned by the court in a fixed amount or as a percentage of the father’s income.

According to Russian legislation, their share should be from 25 to 50%, depending on the number of children.

Alimony for the maintenance of the mother of a child under three years of age depends entirely on the amount of payments for children and is always set in a fixed form.

When assigning duties in court, women do not have to count on large sums.

For example, if there is one child and the ex-spouse’s salary is 40,000 rubles, after taxation, 8,700 rubles will go to child support, and the wife, respectively, 4,350 rubles.

If we consider that in most regions of Russia the average salary is 15-20 thousand rubles, payments for the maintenance of the mother will be even more modest.

And when making payments to three children at once, the collection of alimony for the mother from the defendant is impossible, since the amount of payments already amounts to 50% of income, and exceeding this threshold is prohibited by law. Therefore, mothers with children under three years old can only rely on the good faith of their ex-spouse, who must understand that a woman with a baby in her arms needs financial support.

Arbitrage practice

Citizen A. applied to court district No. 2 of Astrakhan with a claim for alimony for her maintenance from citizen B. She explained her demands by the fact that she was in an official marriage with the defendant, which was dissolved, and has a child with him.

And also the fact that she is on maternity leave, since her daughter is not yet 3 years old, and the employer does not make payments after the child reaches 1.5 years.

Based on this, the plaintiff requests that the defendant be assigned alimony obligations in her favor in the amount of the subsistence minimum.

He supported his disagreement with documentary evidence that the plaintiff does not need help, having personal income, a car, an apartment and wealthy parents.

The defendant himself, after paying maintenance to his ex-wife, will not be able to cover his own basic needs.

When considering the case materials, the court came to the following conclusions:

1. According to Article 90 of the RF IC, the plaintiff has the right to receive financial support from the second parent, since she alone is raising a daughter under the age of 3 years.
2. According to Art. 91 of the RF IC, in the absence of a voluntary agreement, payments are assigned based on the financial situation of the parties.
3. After studying information about the incomes and expenses of the parties, the court found that citizen V., after paying all obligations for personal needs, is left with an amount exceeding the subsistence level of the region, and citizen A., with the volume of confirmed expenses, needs financial assistance.

The district court decided to uphold the magistrate's decision without change, and the defendant's complaint was not satisfied. Thus, based on judicial practice, we can conclude that the court takes the mother’s side, even if she has additional income, and obliges the child’s father to pay the alimony due to her by law.

You can also watch the video review

Alimony for the maintenance of a spouse with a child under 3 years old

Even if the couple separated after the birth of the child, the mother must still care for the baby until the age of three. At the same time, everyone knows that a man, having become a father, must pay monthly alimony for the maintenance of his child. But many women are not aware that the father is also obliged to support the baby’s mother financially during the period while she is on maternity leave with the child for up to three years and has no income from any activity.

Alimony payments for the maintenance of the mother of a child under 3 years of age

Articles 89 and 90 of the Family Code of the Russian Federation prescribe that the former spouse and legal father of the child is obliged to pay the amount of alimony established by law, as well as pay funds to ensure a natural way of life for the mother during the period while she is forced not to work.

At the same time, the law prescribes the following cases obliging a citizen to make contributions for the maintenance of a mother raising one or more of his children:

• During maternity leave;
• If the child has a disability group;
• If a woman, for one reason or another, received disability status during marriage or within one year after divorce.

Consequently, in any of these three cases, a woman has the right to demand additional funds from the child’s father to provide not only for the baby, but also for herself.

Important! There is also an exception in the law. So, if the child’s mother decides to marry a second time, then she can no longer demand funds from her former spouse for her maintenance. But he only has the right to claim alimony, defending the rights of his child.

Under what conditions are child benefits awarded?

The mother may demand additional payments for the child in accordance with Article 81 of the RF IC during maternity leave for the following reason.

Since both mother and father must participate in financing the maintenance of the child, it turns out that if a woman is dependent on the state and receives only benefits, she cannot provide financial support to her child. In this case, additional payments are provided in addition to alimony, which the mother has the right to demand from the father.

In this case, a woman can come to an agreement with her ex-husband on her own by signing an agreement with him. But if the child’s father refuses, he has every right to go to court.

The amount of payments that the mother can claim must be clearly determined on the basis of the expenses actually necessary for the child. For example, if the child is often sick, you need to provide the court with doctor’s notes and prescriptions for medications.

If additional funds are needed to pay for accommodation, then this evidence must be presented to the court. There should be no excesses in providing for both the child and his mother.

In any case, the court will consider not only the woman’s arguments, but also the father’s financial capabilities.

• If the court decides that the mother really cannot fully provide the basic necessities for herself and her child, then the court will set the required amount of payments.
• Download the statement of claim for the collection of alimony for the child (children).
• Since the Family Code of the Russian Federation stipulates that the ex-husband must support financially not only the child, but also his mother while she is caring for the baby until the age of 3, he can draw up a voluntary agreement, where he will indicate the amount that he is willing to additionally pay to his ex-wife in addition to legal alimony.
• The mother has the right to file a lawsuit only if there is no voluntary agreement, or the amount of such payments does not cover the required expenses, and the mother assumes that the father has the opportunity to help financially.

What needs to be provided to the court: in addition to the package of documents required by law when filing relevant claims (you can find out more during legal advice online or by phone), you will also need to collect evidence that the child and his mother really need additional funds for living.

What percentage of the salary is withheld from the father?

The alimony that the father is obliged to pay, thus financing his child, is defined by law as follows:

• 25% of official income if the child is the only one;
• 33% of official income when the mother has two children from this man;
• 50% of the father’s income if a woman has three or more children, all from one man.

The mother must provide a detailed calculation confirming that the amount of alimony is not enough for her. At the same time, the court is of the opinion that parents should share all expenses for maintaining the child equally. But since the mother, caring for a child who is not yet 3 years old, cannot cover half of the necessary funds from her personal income, this responsibility passes to the father.

In cases where a man himself finds himself in an unfavorable financial situation, in particular:

• has an irregular income;
• has an unstable income, according to which it is impossible to determine the average monthly earnings;
• has unemployed status.

The court assigns a fixed amount for payment, which is tied to one of the average indicators:

• living wage;
• minimum wage in the region where the child lives.

In this case, the court also takes into account the amount of alimony already received by the mother.

Do I need to pay alimony to support my ex-wife with a child under 3 years old?

Even if the child's parents divorced up to 300 days before the child's birth, or in the first three years of the child's life, the spouse must legally contribute to the support of his ex-wife while she is on maternity leave.

The court, when considering a claim from an ex-wife for the required amount of maintenance, will take into account both the man’s material capabilities and the actual amount of expenses necessary for the normal existence of the child’s unemployed mother.

As a rule, the judge sets a payment amount commensurate with the man’s income, rather than a fixed amount. Accordingly, the actual cash payments that a woman will receive will directly depend on the current income of the child’s father.

2. Download the statement of claim for the collection of alimony in a fixed amount.
3. A woman applies to the judicial authorities at her place of residence in person or through a representative who, officially by proxy, will defend her legal rights.
4. The following documents will need to be prepared:

• a statement of claim drawn up taking into account all requirements and provisions;
• a copy of significant pages of the passport;
• copies taken from the original certificates of marriage and birth of a child (or an extract from the prenatal card before birth), as well as divorce;
• final calculation of the amount of money, according to which a claim for payment is made against the ex-husband.

Please note: if the wife can provide the court with a certificate from her ex-husband’s place of work about the amount of his average monthly earnings, then the court will make calculations based on this document. In other cases, judicial authorities will independently determine the amount of a citizen’s income based on data from social and tax services.

If the court's conclusion does not satisfy the child's mother, she can appeal the decision no later than 10 days from the date of the verdict.

A woman raising a child under 3 years of age has the opportunity to legally demand additional child support and her own support from her ex-spouse, having certain documents in hand. So, provide:

• a voluntary agreement signed by the child’s father to pay a certain amount monthly;
• a court order drawn up after consideration of the claim;
• writ of execution if the child’s father refuses to voluntarily pay child support by court decision.

In order to achieve execution of the judge’s verdict when a man tries to avoid an additional monetary burden, you need to send one copy of any of the documents to the bailiff service department. They will deal with the defaulter and force him to pay by force.

Changing the amount of child support for the child's mother

It is worth understanding that both a court decision and a voluntary agreement indicating the amount of alimony cannot be considered unchanged in relation to the amount of payments. As for the agreement, with any changes in income, the former spouses have the opportunity to agree and draw up a new agreement. Thus, the previous document will no longer be valid.

Any changes without a court decision must be made by mutual consent, and the agreement must be certified by a notary.

If it is impossible to find a compromise solution regarding the amount of additional alimony, either party can file a petition demanding a change in the amount of payments. Of course, such requirements must be justified documented.

When is alimony for the maintenance of a child’s mother not awarded?

The court may reject your claim demanding payment of additional amounts for maintenance from the child’s father if the following is established:

• You receive income from the rental of residential premises under rental agreements;
• Have additional income in the form of dividends or from annuity contracts;
• You stopped maternity leave early, went to work and started receiving wages;
• If you get married, in this case your new spouse should take care of your maintenance;
• The child has reached the age of 3 years (except for disabled children).

However, this applies only to part of the payments for the maintenance of the child’s mother.

As for funds to finance the necessary expenses regarding a common child, here the court considers claims with exceptions.

There are cases when a child needs a certain amount, for example, to pay for treatment, and then the mother has the right to demand that the father share this financial burden with her.

Alimony for the maintenance of the mother of a child under 3 years of age

Content

In accordance with the Family Code, spouses are obliged to financially support each other (Article 89 of the RF IC). If the spouse does not provide such support and there is no alimony agreement, then alimony for the maintenance of the mother is collected in court.

Cases of receiving alimony without an official divorce

Alimony for the mother can be recovered in cases where:

1. Alimony is collected for the maintenance of the wife for up to 3 years. child's age.
2. The spouse is disabled.
3. The needy spouse takes care of a common disabled child until the child reaches the age of eighteen or a common child who has been disabled since childhood, group I.

There are 3 reasons in total for receiving alimony for the mother, and there is only one condition for assigning alimony to the mother of a child under 3 years old: you must have a child under 3 years old.

Does the wife (ex-wife) have the right to alimony?

In accordance with the norms of the Family Code, former spouses have the right to receive alimony. The right of the former spouse to receive alimony after divorce is enshrined in Article 90 of the Family Code.

1. The right to demand the provision of alimony in court from a former spouse who has the necessary means for this purpose has:

1. Ex-wife during pregnancy and within three years from the date of birth of their common child;
2. A needy ex-spouse caring for a common disabled child until the child reaches the age of eighteen or a common child who has been disabled since childhood, group I;
3. A disabled, needy ex-spouse who became disabled before the dissolution of the marriage or within a year from the date of dissolution of the marriage;
4. A needy former spouse who has reached retirement age no later than five years from the date of divorce, if the spouses have been married for a long time.

2. The amount of alimony and the procedure for providing it to the former spouse after divorce may be determined by agreement between the former spouses.

Amount of payments for the maintenance of the mother of a child under 3 years of age

The amount of alimony for the mother of a child under three years of age is determined by the court or the parties to the alimony agreement. If the parties did not reach a mutual agreement and were unable to reach an agreement, the amount of child support payments for children under 3 years of age will be established by the court.

So, on the basis of Art.

91 RF IC, “In the absence of an agreement between spouses (former spouses) on the payment of alimony, the amount of alimony exacted from the spouse (former spouse) in court is determined by the court based on the financial and marital status of the spouses (former spouses) and other noteworthy interests of the parties in a fixed sum of money payable monthly."

Based on the above, the amount of alimony to support a wife until the child reaches 3 years of age may vary, depending on the financial and marital status of the spouses (former spouses) and other noteworthy interests of the parties.

After the amount of alimony for the maintenance of the mother of a child under 3 years of age is established, the decision of the court of first instance has entered into legal force, and the debtor evades payments, then the collection will be forced and the Bailiff Service will deal with the collection.

Procedure for assigning alimony

The procedure for obtaining alimony is not complicated. Registration of child support for the mother of a child can be divided into 3 stages:

1. Receiving a refusal to pay alimony from a spouse.
2. Filing a claim in court and obtaining a decision in favor of the plaintiff.
3. Entry of the decision of the court of first instance into legal force.

After the decision of the court of first instance comes into force, the collection of alimony from the losing party begins.

When is child support not due to the mother of a child under three years of age?

There are cases in which it will not be possible to obtain payment of child support for the mother. Such cases include the Claimant’s non-compliance with the requirements of the Family Code, in particular:

1. The child is over 3 years old at the time of filing the claim.

In other words, alimony for the maintenance of mothers with children under 3 years of age will be collected in any case, and cannot be collected only if the mother does not meet the criteria established in Art. 89, 90 of the RF IC for the collection of alimony.

The presence of a child under 3 years of age is the basis for collecting alimony from the spouse and ex-spouse. (Articles 89, 90 of the RF IC).

Child support for children under three years of age in 2018 (2019): new in child support laws

This article is relevant for the collection of alimony by a wife, as well as by an ex-wife, as amended in 2018, including the legislative basis for the payment of alimony for a wife (Articles 89, 90 of the RF IC).

Registration of alimony and necessary documents

List of necessary documents for registration of child support and mother support:

• Statement of claim.
• Plaintiff's passport.
• Copy of the Defendant's passport
• Child's birth certificate.
• Marriage certificate (divorce if the marriage is dissolved).
• Information about the financial situation of the Plaintiff.
• Information about the financial situation of the Defendant (if available).
• Refusal of a spouse to pay alimony.
• Other documents relevant to the case...

Statement of claim for alimony collection

—> Download the statement of claim for spousal support for up to three years

Ways to resolve the problem of paying alimony

It is possible to resolve existing problems with the payment of alimony peacefully, for example, by concluding an alimony agreement, after which the other party will pay the agreed amount within the established time frame. Such an agreement can be concluded with a Notary in a notary's office.

If the problem of maintaining a wife for up to 3 years cannot be resolved peacefully, the protection of violated rights is carried out in court, where the court will determine the amount of benefits for the mother.

Terms for calculating child support for mother

The timing of the accrual of financial assistance to the mother is established by the norm of the family code. As written above, alimony is collected “in a fixed amount of money payable monthly.”

Time limits for consideration of the case in court

1 month from the date of filing the claim.

How is the amount of compensation calculated?

“The amount of alimony is calculated based on the financial and marital status of the spouses (former spouses) and other noteworthy interests of the parties in a fixed amount of money payable monthly.”

Alimony from partner

If you live in a civil marriage and have not officially registered your marriage, but have a common child who is officially registered with your cohabitant, in this case alimony can be collected for the maintenance of the child, and not for the maintenance of the wife, since the norms of the Family Code, Art.

89 regulates legal relations between spouses, and being in a “civil marriage”, you are not subjects of family legal relations, since in accordance with clause 2, art.

1 of the RF IC “Marriage concluded only in the civil registry office is recognized,” in other words, you are subjects of civil legal relations.

Child support for mother and child up to 3 years old

Chapter 13 of the RF IC for 2023 officially assigns mandatory child support payments to children under 3 years of age, making them one of the guarantees for parents to comply with their obligations to support the child.

 Therefore, if one of the child’s legal representatives does not participate in his financial support, the second parent has the right to demand payment of alimony through the court process.

What you need for this, what size is provided and how to fill out the documents - you can find out below.

Child support for mothers with children under 3 years of age

The main principle of Article 13 of the RF IC is the equality of all children before their parents in receiving material support and maintenance. It does not matter whether the parents are married, divorced or in an informal relationship, or whether they have other families.

In a simple example, the equality of children before their parents looks like this. In his first official relationship, the father had one child, and in the new family he acquired twins. According to the law, all three children have equal rights to receive maintenance and support.

In comparison with usual practice, child support for children under 3 years of age differs in one feature - not only the child, but also the parent who is caring for it, receives the right to financial support. Therefore, alimony up to 3 years is collected and calculated separately.

Payments for mother's maintenance

The fundamental factor in calculating the amount of alimony is the financial condition of the parent: he works or is caring for a child. The procedure for assigning payments is regulated by Art. 89 and art. 90 IC RF. According to it, a pregnant wife and spouse can demand alimony through court proceedings for 3 years from the date of birth of the baby.

If a divorce has already been finalized, the following may be eligible for alimony:

• pregnant ex-wife;
• ex-wife for 3 years of child care from the moment of his birth;
• a former spouse who is caring for a common child with a disability.

Appointment of alimony is made in court in the process of studying evidence and financial status.

When submitting an application for alimony, it is necessary to indicate the calculation of the required amount and the economic justification, supported either by evidence from witnesses or by checks and documents.

 If this is not done, the court will independently calculate the deductible alimony share from the second parent, based on his marital status and financial capabilities.

: up to how many years alimony is paid according to the law in Russia

Video

Amount of child support payments for children under 3 years of age

Article 81 of the RF IC legalizes the procedure according to which the amount of alimony for children under 3 years of age is calculated. According to it, if both parties have not reached a compromise and have not entered into an agreement on alimony by mutual consent, the dispute is resolved through the court.

The monthly alimony rate is fixed in the RF IC and is:

• up to 25% of earnings for 1 child;
• up to 33% of earnings for 2 children;
• up to 50% of earnings for 3 or more children.

To achieve a fair assignment of child support, you must attach evidence and an estimate of the child's expenses. However, it is worth remembering that the maximum deductions for 1 child from one parent cannot be higher than 50% of earnings.

If the paying parent does not have an official job or regular income, the issue will have to be resolved through litigation, where a fixed amount will be assigned.

Moreover, this is not necessarily a specific amount in rubles: it can also be the minimum wage or the cost of living in the constituent entity of the Russian Federation in which the business is being conducted.

To find out the amount of alimony, we recommend using our online calculator.

Design Tips

To apply for child support payments, you should use one of the existing tools:

• Agreement on payment of alimony. Concluded in writing with the mutual consent of both parties. All agreed terms are certified by a notary. Next, the document is sent to the bailiffs to fulfill the requirements.
• Order production. Suitable for cases where the debtor’s place of work and residence is known. The process does not require the presence of the parties at meetings and takes 5 days.
• Claim proceedings. Suitable for controversial situations when the parties have not agreed on the terms of alimony obligations.

Documents you will need are a copy of the Russian passport, a child’s birth certificate, marriage or divorce documents, certificates of residence and family composition. All this is attached to the statement of claim, notarial agreement or to the application for the order of the magistrate’s court.

Don’t forget about calculating the costs of providing your child with everything they need. It must include receipts or witness statements. In a word, everything that is suitable for justifying expenses.

By acting through the court, the parent will be able to achieve decent conditions for the maintenance of the child and provide him with everything necessary for life.