Alimony for the maintenance of a wife up to 3 years of age for a child, size

Family law > Alimony > Alimony for the maintenance of the ex-wife until the child reaches three years of age

Collection of alimony payments in the presence of a child under three years of age has its own characteristics. The main one is the payer’s obligation to pay alimony not only for the material maintenance of the child, but also for the mother who cares for this child.

Since in most such cases the payer of alimony turns out to be the father, you should carefully familiarize yourself with the question of what alimony is due for the maintenance of a wife for up to three years.

The claimant is the mother of the baby, who cannot provide for herself financially due to the presence of a small child.

In rare cases, the father takes care of a child under three years of age. Then it is he who has the right to receive financial support from the second parent.

Often, even after the baby starts attending kindergarten, the mother cannot find a good job. And when he finds it, he doesn’t stay there for long. Because young children need constant attention and often get sick. No employer would like this situation.

It turns out that a person does not have the opportunity to earn money and provide for himself and his child. In such cases, justice must be sought by any legal method.

Conditions for payments

Child support payments are provided for by the Family Code of the Russian Federation . This is one of the important guarantees that both parents fulfill their responsibilities for the financial support of the child.

Both father and mother, regardless of the fact of registration or the presence of new families, are obliged to financially support their children.

Alimony for the maintenance of the ex-wife until the child reaches 3 years of age is collected from the payer in a special manner. To determine the amount of child support, it matters whether the child’s mother is on parental leave or continues to work.

Therefore, it is necessary to understand in what cases the husband pays alimony to his wife. To do this, important conditions must be met:

1. The wife is pregnant with their child.
2. The wife is raising a child together, who is not yet three years old.
3. If the common child is disabled in group 1 from birth. In this case, alimony is paid throughout life.
4. If the former spouse became disabled during the marriage or within a year after the divorce.
5. The child was born after the divorce, but no later than 300 days later.

But the main condition is that the spouse or former spouse must be legal, and not common-law.

The amount of alimony for the maintenance of a wife for up to 3 years is determined personally by the judge.

It depends on the calculations provided by the plaintiff about the necessary costs and evidence of the lack of own income that would allow him to provide for himself.

• And in court it is necessary to prove the importance of awarding exactly this amount of alimony payments.
• It is recommended to prepare evidence in advance that will confirm the need for a larger amount.
• To do this you can do the following:

1. Collect testimony from witnesses.
2. Collect certificates that will prove your difficult financial situation.
3. Prepare documents stating that the woman does not work.
4. If a child is sick and needs treatment, medical certificates should be prepared.

If the applicant does not provide significant evidence, the court will independently determine the amount of alimony for the maintenance of his ex-wife.

Amount of child support for the mother of a child under 3 years old

If such an agreement cannot be concluded, then the woman goes to court, which will order alimony for the maintenance of her ex-wife.

When making a decision, the court will be guided by the following factors:

• financial situation of the parties;
• marital status of the parties;
• other interests of the parties that deserve attention.

Maternal support is always awarded in a fixed amount and must be paid every month.

In most cases, the court assigns the amount of alimony that is necessary for the normal existence of the mother based on the income that she receives.

In all situations, when considering such cases, the husband is obliged to pay alimony, the amount may vary.

1. This amount is no more than 50% of the amount paid for child support.
2. For example, if a father pays child support in the amount of 10,000 rubles, then he will pay no more than 5,000 rubles for the maintenance of his mother.
3. This rule is always taken into account before calculating the amount of penalties.

This is explained by the fact that, in accordance with Russian family law, child support is the responsibility of both parents.

Therefore, the expenses for his provision and upbringing should be divided equally and the method of paying alimony to the spouse is established in fixed monetary terms.

Procedure for obtaining alimony

There are the following options for alimony:

1. Notarized on a voluntary basis, when an agreement on the payment of alimony is concluded between parents.
2. Under a court order for alimony payments.
3. According to the statement of claim for the recovery of alimony.

When drawing up a notarial agreement, the main condition must be met - notarization. If this condition is not met, the agreement may be declared invalid.

In order to draw up an agreement you will need a few documents:

• original copies of the spouses’ passports;
• child's birth certificate;
• Marriage certificate;
• notarized agreement.

When going to court, the list of required papers changes slightly and looks like this:

1. A statement of claim in which you need to indicate all your demands and evidence. It is best to file an application for alimony with the help of a lawyer.
2. Photocopies of spouses' passports.
3. A photocopy of the child's birth document.
4. Certificate of husband's income.
5. Certificate of residence.
6. Certificate of pregnancy or disability of the child, if available.
7. Receipt for payment of state duty.

The court tries to consider such issues as quickly as possible. On average, the review period takes 20-30 days.

Collection procedure

This agreement is binding. On its basis, it will be possible to collect alimony.

If the plaintiff knows where the defendant lives and works, he can go to the magistrate’s court and write an application to obtain a court order for alimony.

The court will consider the application and issue this order, in which it will determine the amount of alimony in accordance with the Family Code of the Russian Federation.

With a court order, you can contact the bailiff service, who will collect alimony from the debtor.

Only after filing a claim with the judicial authorities can the issue of assigning alimony payments in a fixed sum of money be resolved.

It is best to agree that payments are made to a bank card . This method is very convenient for control.

If the spouse refuses to fulfill his duties, more serious methods may be applied to him, including criminal liability.

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

There are several cases when it is possible not to pay alimony for the maintenance of a wife.

The spouse can avoid this obligation if:

1. The marriage lasted less than 1 year.
2. Misbehavior of the wife in marriage, which became the reason for divorce. For example, drunkenness, infidelity.
3. The wife lost her ability to work due to her own fault.
4. The spouse hides the actual amount of her income in order to receive alimony, which must be proven.

In this case, the combination of the above conditions is not required. Having one of them is enough.

The decision to collect alimony for a wife can be challenged at any time if there is evidence that her financial situation has changed and improved compared to the income of the payer.

Arbitrage practice

Practice shows that the actual amount of alimony for a wife does not exceed 4,000 rubles.

This figure is average for those cases where the husband has a stable job with a good income. Otherwise, alimony for the maintenance of the spouse will be even less.

There is judicial practice when alimony for a wife is prescribed by reducing child support . The father has the right to challenge such a decision, but despite this, the courts sometimes accept it.

But ultimately, the level of provision for the child and spouse through alimony entirely depends on the wishes of the payer.

If desired, a man can pay amounts that exceed the amounts established in the alimony agreement or in the court order.

Thus, if the child was under three years old at the time of the parents’ divorce, alimony is also based on the support of the parent with whom the child remains.

In most cases it is the mother. Which is quite logical, since caring for a small child is not compatible with professional activities.

The amount of alimony payments is determined by mutual agreement, court order or writ of execution.

Video: Alimony for wife. Child support. When can alimony be denied?

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The amount of alimony for a wife up to 3 years: how and how much to pay for the maintenance of a spouse?

When people get married, they enter into an agreement that includes mutual rights and responsibilities. In addition, spouses bear different types of responsibility: moral, material and legal.

When children are born, they have more responsibilities.

One of the most important responsibilities on the part of the head of the family is the financial support of a non-working mother, who is caring for the child (or children), its development and upbringing.

General provisions

There are times when a family breaks up for some reason. Most often, as a result of disagreements, the husband leaves his wife, leaving her with the children (often minors). Everyone knows that if there are children in the family, the spouse is obliged to pay alimony for the maintenance of his underage offspring (and in the case of full-time education - until they are 21 years old).

Chapter 14 of the Family Code of the Russian Federation establishes alimony obligations for people in a registered marriage and for those who have already broken off their marital relationship. Articles 89 to 92 define the following provisions:

• responsibilities of people in a registered marriage for mutual material support;
• the rights of the ex-wife to receive alimony payments after the official dissolution of the marriage;
• the amount of monthly alimony payments that are collected in favor of the spouse or former spouse in court proceedings;
• cases of exemption of a spouse from the need to support his wife or ex-wife, as well as terms limiting obligations for alimony payments.

In addition to payments for children, in some situations the ex-husband is obliged to provide money for the maintenance of his wife. This provision was developed by the legislator due to the fact that a woman devotes all her time to children and does not work until the child (or) children are given a place in a preschool educational institution.

Due to the need to care for a child, a woman is not able to have a constant source of income in the form of work, so she needs money to provide for the needs of herself and her children.

The Family Code in Articles 89 and 90 provides for several categories of women who have the right to receive alimony. The same articles determine the conditions and procedure for processing monthly alimony payments.

Conditions for registration of alimony

Article 90 of the Code determines that the former spouse must provide funds for minor children and his (former) wife. The legislation defines 4 conditions for a woman to receive salary from her ex-husband:

1. The woman is pregnant.
2. A woman takes care of a child under three years of age (or children).
3. A woman is caring for a child recognized as disabled for medical reasons. If he has a second or third group of disability, financial support is provided until he reaches the age of eighteen, if the first - for life.
4. A woman in one of these categories is recognized as needy - in need of financial support associated with disability.

Situations often arise when the father of children, being legally married to their mother, does not provide financial support to his wife and children. In this case, when caring for a child under 3 years old, the wife can apply for alimony not only after a divorce from her husband, but also while in a marital relationship with him. The same applies to other of the listed categories of women-mothers.

You should also know that a cohabitant (a woman living with a man, but not in a registered marriage with him) has no rights to the maintenance of her life. Therefore, even if there are children, a common-law wife has no right to claim alimony for up to 3 years. Monetary support is due only to children for whom the paternity of this man has been established.

Notarial agreement

One of the ways to obtain financial support for a child under 3 years of age and a wife is alimony for maintenance after a divorce in the form of a notarial agreement.

This method involves concluding an agreement between husband and wife (former or present).

The terms of a written agreement are discussed in advance by the parties, then recorded in an agreement, which is signed by the spouses and certified by a notary.

If an agreement is drawn up without notarization, it has no legal force. When the agreement is certified by a notary, it acquires the force of a writ of execution. In this case, if the husband fails to properly fulfill his obligations, the wife can contact the bailiff department and present the agreement for its forced execution.

The contract must contain the following essential conditions:

• personal data;
• contacts of the parties;
• the amount of alimony for a wife up to 3 years of age for a child;
• procedure and method of transferring funds (cash, transfer to card, transfer by mail);
• other conditions that the parties will establish.

The parties may agree on other ways to support a mother on maternity leave.

Until the child reaches the age of 3 years, alimony for the maintenance of the wife is paid in full. After this, the agreement becomes invalid (except for cases where the spouse has debts on alimony obligations). If in the future the ex-husband decides not to support his wife financially, no one can legally force him to do so.

Registration of alimony through the court

Financial issues often become a stumbling block in relationships between former (and current) spouses.

If the question of forced financial support arises, the relationship destroyed by this fact impedes a peaceful solution to the problem.

Therefore, in relation to registration of alimony for the maintenance of a wife up to 3 years of age for a child (or children), a woman often has to resort to the help of a higher authority - the court.

To obtain forced alimony, a woman must file a claim against her husband in the manner prescribed by law. In addition, it is necessary to attach to the application documents confirming the wife’s right to receive alimony for a child up to 3 years of age.

During the consideration process, the court will make a decision on the assignment of payments, indicating their amount and method of transfer. At the moment of filing the application, alimony payments begin. Decisions on such issues are subject to immediate execution.

Despite the legislatively established immediate execution of a court decision of this kind, the transfer of alimony to a wife under 3 years of age does not begin immediately. The writ of execution issued by the court on the basis of the decision is transferred either to the bailiff service or to the employer’s accounting department to deduct funds from the defendant’s wages.

Another way to collect alimony for an ex-wife for a child under 3 years of age is to submit a writ of execution to the debtor’s bank, if there is reliable information about the presence of accounts or deposits with the bank.

Features of filing a claim

An application for payment of alimony to a wife for up to 3 years in marriage (or after divorce) is submitted by the woman through the international court. The main requirement, in addition to the presence of competent drafting and a regulatory framework, is the absence of expressive or emotional expressions in the statement of claim.

The application must contain the following information:

1. Full name and address of the judicial authority.
2. Information about the parties to the proceedings (defendant and plaintiff): first name, last name, patronymic, registration and actual residence address, contact numbers.
3. A consistent presentation of the circumstances in the case (registration of marriage, its dissolution, pregnancy (or birth of children), the fact of the plaintiff’s incapacity for work due to pregnancy due to the need to care for a young child, the fact of lack of help from the defendant, calculation of the amount of alimony).
4. Reference to legal norms (family law - articles 89, 90, 921, 117 and civil procedure - articles 131 and 132).
5. Request for the collection of alimony for a wife under 3 years of age.
6. Appendix with a list of attached documents.
7. Signature and date of document preparation.

Can be sent in person or sent by mail. An application (amount and sample) of alimony for a wife up to 3 years of age for a child can be asked from a court employee. Using a sample not only contributes to the correct drafting of a document, but also helps to avoid expressive expressions when drafting it.

Package of documents attached to the claim

To ensure that the consideration of the application does not take too long and is successful, when submitting an application from your wife for alimony for up to 3 years in the event of a divorce or during marriage, you must attach all the necessary documents. These include:

• copies of passports of the parties (defendant - if available);
• documents confirming marriage registration and divorce (in case of dissolution of marriage);
• pregnancy certificate (if we are talking about supporting a pregnant wife) indicating its due date;
• documents confirming the birth of the child;
• a certificate from the subscriber department, which will confirm the fact that the child lives together with the plaintiff;
• a certificate from the HR department from the place of official employment about the woman being on maternity leave;
• a certificate from the accounting department about the plaintiff’s income or a certificate from the social protection department about the amount of accrued benefits;
• documents that confirm the defendant’s income.

Amount of alimony for wife up to 3 years of age for child

There are no examples of calculating the amount of alimony payments, since in relation to the spouse the calculation is made in a fixed amount. The procedure established by law regarding the calculation of the amount of alimony has remained unchanged to this day.

The amount of alimony for a wife under 3 years of age can be established by agreement of the parties (when drawing up a voluntary agreement on monthly alimony payments) or by a court decision (upon filing a claim for alimony).

When calculating a fixed amount, the court takes into account the woman’s marital status, the level of her financial support and support, the needs of the woman and her husband (former). The main indicator is the cost of living. In 2018, the cost of living in the Russian Federation is about 10,000 rubles per adult.

This is due to the fact that the calculation takes into account not only the interests of the mother, but also the position of the defendant.

For example, if at the time of filing a claim for alimony, a man started a new family, this will be taken into account when calculating monthly alimony payments to his ex-wife.

Courts often overestimate the amount of alimony for women.

This is due to the fact that the lack of funding for her life also negatively affects the children, since often the monetary payments collected from fathers for the maintenance of children cannot fully meet all their needs. And given that the mother does not have additional finances to compensate for this deficiency, the court equalizes the balance from the man’s funds.

Agreement on changing the amount of alimony

With regard to the amount of alimony payments established by agreement of the parties and the amount established by a court decision, one rule applies: the amount of alimony payments can be increased or decreased at the request of one of the parties.

Most often, it is the woman who requests an increase in the amount of alimony, and the man who requests a decrease in the amount. This is due to the fact that, having left their family, men often do not want to invest money there. If the issue of providing for children is not in doubt for some fathers, then the need to financially support their ex-wife causes negative emotions in them.

If the amount of alimony is established by written agreement of the parties, you can change its amount in the same way - by signing a new written agreement. It, like the previous one, must be notarized. Without a notary's signature, the document will not have legal force.

Changing the amount of alimony paid to the mother in court

If the amount of payments was established by a court decision, a change in the amount of money can be carried out by filing an appropriate statement of claim. A request to increase the amount of monthly payments must be supported by documents indicating objective reasons for the increase in expenses for maintaining a spouse (increased prices, illness, etc.).

When applying for a reduction in the amount of alimony payments, it must also be documented. Valid reasons for reducing the amount include the birth of a child in a new marriage, serious deterioration in health, layoffs at work, etc. Supporting documents may include the following:

• birth certificate of the spouse of the child in the new marriage;
• certificate of illness (disability);
• a certificate confirming registration with the employment department due to loss of employment, etc.

It should be remembered that if a man enters into another marriage, as a result of which a child is born, this may affect not only the amount of payments to his ex-wife, but also payments to joint children, which is confirmed by family law.

Refusal or cancellation of mother's alimony

In some cases, the amount of child support payments for the mother is reduced to zero. This happens in the following cases:

1. Re-marriage of a woman. According to the law, the new spouse assumes all obligations to support his wife.
2. Going to work. Based on the provisions of the Family Code, alimony for a working wife under 3 years of age is not paid to a child.
3. The child reaches three years of age.
4. Establishing additional types of income for the mother (rent from renting out a plot of land or apartment, additional official income, etc.).
5. Deliberate underestimation or concealment of the mother's real financial situation.
6. Disability that was the result of antisocial behavior or lifestyle.
7. Married to your spouse for less than twelve months.
8. Registration of divorce due to dishonest behavior of the spouse in marriage (infidelity, alcoholism, drug addiction, child abuse, etc.).

If at least one of these reasons is established, even accrued alimony may be canceled by the court.

Marriage and family relations are a rather complex topic, and their dissolution is often accompanied by the emergence of a large number of problems on both the part of the spouse and the wife.

Especially many problems arise when resolving financial issues and claims of the parties.

Therefore, most often, financial problems that arise, including in relation to alimony payments, have to be resolved in court.

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

Home » Alimony » Alimony for the maintenance of a wife, mother of a child under 3 years old

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In accordance with Articles 89-90 of the RF IC, not only the child, but also his non-working mother has the right to receive alimony.

This is due to the fact that the spouses are obliged to support each other, and the mother of the baby or a still pregnant woman cannot provide for herself because she is busy caring for the child or her physical condition simply does not allow it (especially true for the last months of pregnancy).

Amount of alimony

The amount of such payments is not specified anywhere and cannot be tied to the amount of child support. Formally, the person who cares for the child is obliged to receive alimony from the second parent both for the maintenance of the child and for his own, because he will not be able to earn money on his own until the child reaches the age of 3 years.

The size of the payment is determined by the potential recipient independently, based on his needs and the solvency of the other party. Ideally, the required amount should be justified and documented.

Example: The mother of a child can provide in court receipts for payment of utility bills, receipts from stores for the purchase of food, as well as any other payment documents/agreements that will make it possible to understand exactly how much the woman spends on her own maintenance (not including the child, for him). there will be a separate payment). Based on all these documents, as well as taking into account the solvency of the potential payer, the court will make a decision: approve the requested amount or adjust it up or down.

There are three main options for calculating alimony. In this case, the calculation is made on the basis of a strictly fixed amount, which is not tied to the cost of living, the payer’s salary or other factors. Often this option is used by agreement between the parties, although it can also be chosen by the court.

Example: Alimony in a fixed amount is used mainly when the payer does not have a fixed, stable income or it cannot be determined. Let's assume that he works in the field of real estate sales and rentals.

In such a situation, the court establishes a fixed payment, which the payer will be obliged to transfer monthly, regardless of whether he has income or not.

This is the second option, which is used most often. It is relevant for officially employed people who have a stable salary. It may be more profitable than the previous one, since the salary may increase, which will automatically lead to an increase in the amount of alimony.

On the other hand, if a person is laid off, he quits, or his wages are simply cut, then the amount of alimony will decrease accordingly.

According to the general rules, the payment cannot exceed 50% of the salary if there is no alimony arrears, but the specific amount/percentage will be determined by the court.

Hybrid option

This is the third type of accrual, which includes both of the previous ones. It is used mainly when the payer has a small stable income and fairly substantial, but irregular payments.

Example: Consider the option with the same realtor. He receives most of his income as a percentage of the deal. However, in addition to this, he also has a small, stable salary. If the hybrid option is chosen, then a percentage will be deducted from the stable amount, and in addition to it there will also be a fixed amount reflecting irregular income.

In order to receive child support for the mother of a child under 3 years of age, the following conditions must be met:

• A woman is pregnant or has given birth to a child.
• The child is under 3 years old.
• The paternity of the baby has been proven and is beyond doubt among the parties.
• The recipient of alimony cares for the child and does not work.

The fact of whether the spouses are or were married in this case does not play any role. Paternity and the actual birth of a child/pregnancy are important.

In the vast majority of cases, this type of alimony is received by the child’s mother, who takes care of them. However, this is not a mandatory rule. The husband can also apply for payments if he is taking care of the baby, or even other relatives who have taken on such responsibilities.

How to collect alimony for the maintenance of a wife, mother of a child under 3 years old

Such alimony can be collected through the court or obtained by agreement of the parties. Let's consider the first option.

Procedure

1. Collect documents confirming paternity/birth of a child/pregnancy.
2. Calculate the approximate amount of potential payments based on checks, receipts, bills and other similar documents.
3. Make a statement.
4. Send the application with all supporting documents to the court.
5. Wait for the meeting date.

6. Personally attend the meeting or send a legal representative in your place.
7. Get a court decision.
8. Wait for it to come into force and follow all points.
9. If the other party does not file an appeal, but also does not comply with the terms of the decision, you can contact the bailiffs.

   They will force the defendant to comply with the court decision by force.

Documentation

The following package of documents must be attached to the application to the court:

• Applicant's passport.
• Child's birth certificate or pregnancy certificate.
• Documents confirming the requested amount of alimony.
• Certificate of cohabitation of the applicant and the child.

The list presented is not complete and may change depending on the current situation. It is recommended that you consult with a lawyer first.

In accordance with paragraph 2, paragraph 1 of Article 333.36 of the Tax Code of the Russian Federation, the plaintiff is not charged state duty for filing applications for alimony. At the same time, according to paragraph 15, paragraph 1, article 333.19 of the Tax Code of the Russian Federation, the fee for filing an application for alimony is 300 rubles. This amount will be demanded from the defendant.

Counterclaim

If for some reason the defendant does not agree with the information/requirements in the plaintiff’s application, he has every right to file a counterclaim, which will be considered simultaneously with the main one. The court will make a decision based on information from both lawsuits.

Application for spousal support for up to three years

An application of this type is drawn up on the basis of Article 131 of the Code of Civil Procedure of the Russian Federation.

Form and content

The application can be divided into several blocks, depending on what information will be indicated in them:

• A cap. It includes data from the court where the application is filed, information about the plaintiff and defendant.
• Descriptive part. The applicant describes exactly what the situation was and for what reasons.
• Requirements. In this section, the plaintiff indicates a specific amount of alimony and justifies why this particular payment amount was chosen.
• Applications. All documents that are attached to the application are listed here.

Download a sample statement of claim for alimony to the mother of a child under 3 years old

How to write

When drawing up statements of this type, you need to consider several rules:

• The claim is drawn up entirely on a computer or written by hand. It is not allowed to combine these methods.
• Vague wording should not be used.
• The requirements must be adequate, otherwise the court cannot approve them.
• You should not indicate unfounded accusations or unsubstantiated facts.
• When drawing up a claim, it is recommended to discuss the problem with a lawyer and focus on the proposed sample.

Agreement on payment of alimony

The second option to receive child support is to negotiate with the other parent and enter into a notarial agreement. It is much simpler and faster, but the other party does not always agree to voluntarily pay any amounts.

Procedure

1. Discuss all points of the future agreement. It is imperative to take into account the requirements of the second signatory.
2. Draw up an agreement.
3. Sign and have the agreement certified by any suitable notary.
4. Wait for it to take effect (if specified).
5. Follow the terms of the agreement.

Agreement

Download a sample agreement on the payment of child support to the mother of a child under 3 years old

Documentation

When certifying an agreement, a notary may need the following documents:

• Passports of both parties.
• Child's birth certificate or pregnancy certificate.
• Calculation of the amount of alimony.

Requirements for documents in this case may vary depending on the selected notary office. It is recommended to clarify this point in advance.

Depending on the notary, the cost of his services for certification of such an agreement can vary from 2 to 8 thousand rubles. This factor is also influenced by the region of residence.

Example: In Moscow, you can certify an agreement for about 5-8 thousand rubles, and in Voronezh, services will cost around 3-5 thousand rubles.

The parties have the right, upon mutual desire, to terminate the current agreement or make changes to it. It is also possible to unilaterally terminate or amend the agreement in court, but it can only be implemented if the agreement clearly violates the rights of one or the other party.

Arbitrage practice

Example No. 1: Svetlana Ivanova files a lawsuit demanding to collect alimony from Dmitry Ivanov for her own maintenance, since she cannot provide for herself on her own because she is on leave to care for a child under 3 years of age. The required amount of alimony is justified and evidence of its calculation is provided (checks, receipts). Dmitry's income allows him to pay the required amount. Paternity has been proven. The court, on the basis of Article 89 of the RF IC, makes a decision in favor of the applicant.

Example No. 2: Tatyana Sidorova files an application to the court with a demand to collect alimony from Ivan Potapenko for her own maintenance, since she cannot provide for herself on her own.

The requested amount is not confirmed by anything, but paternity has been established and Ivan does not deny it. However, Ivan is unemployed and cannot pay the required amount. Based on Art.

90 of the RF IC, the court considers it possible to satisfy Tatyana’s demands, however, subject to a significant reduction in the amount of payment.

Example No. 3: Irina Kozlova files an application to the court with a demand to recover from Sergei Kozlov, from whom she is currently divorced, alimony for her own maintenance, since she cannot provide for herself on her own.

In such a situation, Irina will be forced to look for her real father and apply for him.

Collecting alimony for the maintenance of a woman with a child under the age of three is a rather complex process in which you need to act very carefully and take into account all the nuances. Only an experienced lawyer can handle this. Before dealing with this issue, we recommend that you contact our specialists for a free consultation and discuss the problem that has arisen. Lawyers will help you sort out the main issues and further provide support during the trial.

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In what cases is alimony paid for the maintenance of a wife until the child is 3 years old?

If the parents divorce, and if one of them applies to the court to collect alimony, the other must pay it for the maintenance of the common child. But our Russian legislation also stipulates the possibility of collecting alimony from the mother (or, with rare exceptions, from the father) for their own maintenance, if their common child is under three years old at that time.

Alimony, which is paid for a child under three years of age, differs from other similar types of payments. At this age, the child still needs constant care, which is most often provided by the mother. In rare cases - the father.

For this reason, a parent caring for a small child does not have the opportunity to go to work and start earning money on his own, and therefore also needs financial assistance.

It is well known that we provide places in kindergartens no earlier than a child reaches three years of age.

How to collect alimony for the maintenance of your wife up to 3 years, and not just for her small child, we will talk in our article.

Conditions for assigning child support for a child under three years of age

They are not particularly different from the conditions that are observed when assigning alimony for the maintenance of children of a different age.

If one parent does not live together with his child, does not take part in his upbringing, and does not spend money on his maintenance, he is obliged to pay alimony.

Whether they will be paid by mutual agreement of both parents, by court order or writ of execution is not important.

Conditions for assigning child support to the mother of a child under 3 years of age

Article 89 of the Family Code of the Russian Federation talks about the obligation of spouses to financially support each other. If one of the spouses has the opportunity, but refuses to provide this help to the needy - the second spouse, that is, for example, if the father does not pay alimony, the wife will be able to demand alimony from him in court. Important conditions must be met:

• the needy spouse must be disabled;
• this is a pregnant woman;
• this is a needy spouse raising a child under three years old;
• a spouse caring for a common disabled child of group 1 for life, or a disabled child of group 2-3, until he reaches the age of eighteen.

But the main condition is that the spouse (or former spouse) must be legal, and not civil.

Child support for a child under three years of age and for his mother

If the ex-wife (mother of a common child) remarried, even if the court recognized her as needy and disabled, alimony payments are terminated.

Thus, the ex-spouse is no longer required to pay to support his ex-wife.

We said above that alimony for a child under three years of age is no different from alimony for children of a different age or alimony for adopted children.

Also, the spouse who cares for such a child will be able to demand alimony. More often this is a mother who is on maternity leave. With all this, this parent must be in need, that is, due to the child’s young age, he does not have the opportunity to work and raise funds to support the child and himself.

The issue of collection and amount of such alimony can be resolved by concluding a voluntary agreement with the second spouse. Or by filing a claim in court. It will also be necessary to prove to the court that the spouse caring for a child under three years of age actually needs additional support. The court will also examine the financial situation of the second spouse.

We must not forget that, according to Article 90 of the Family Code of the Russian Federation, the mother of a child under three years of age has the right to demand alimony for her own maintenance, subject to a difficult financial situation, but this obligation does not automatically arise for the father of the child. The wife will be able to collect alimony for herself after filing a corresponding demand.

Amount of child support for a child under three years of age

It is calculated in the same way as the amount of child support for a child of a different age. And it can either be specified in a voluntary agreement concluded by the parents, or established by the court in fixed monetary terms or in a certain proportion of the total income of the person obligated to pay child support:

• up to 25% - for one child,
• up to 33.33% - for two children,
• up to 50% - for three or more children.

When setting the amount of the monthly payment, the court must examine the financial situation of both parents. It also takes into account the calculation of child support costs provided by the plaintiff.

Amount of child support for the mother of a child up to three years old

The plaintiff - in our case, a mother raising a child under three years of age, will be able to indicate in his application the amount of alimony that he would like to receive for his maintenance. With all this, he must take into account that according to the law, no more than 50 percent of the amount paid for the maintenance of the child can be recovered from the second parent.

This is precisely what is connected with the method of paying alimony to the wife in hard monetary terms and nothing else.

Registration of alimony and necessary documents

Alimony for a child under three and his mother can be issued:

• notarized (when an agreement on the payment of alimony is concluded between the parents);
• under a court order for the payment of alimony;
• on a claim for alimony.

The main condition for an alimony agreement between former spouses is notarization. If this condition is not met, then there is a possibility that the agreement will be invalidated.

• Documents required for registration of alimony for wife and child:
• 1) passport of the plaintiff,
• 2) the child’s birth certificate or
• 3) a certificate from the antenatal clinic indicating the duration of pregnancy,
• 4) certificate of marriage (if the marriage has not yet been dissolved),
• 5) certificate of divorce (if the marriage has already been dissolved) (read more in our article about filing a divorce if you have children),
• 6) certificate from the defendant’s place of residence,

7) information about the lack of income or low income of the child’s mother (certificate from the place of work about being on maternity leave, a certificate from social security about the amount of benefits, etc.).

All these documents, as well as their copies, are provided to a notary (when there is a voluntary agreement between the spouses), a magistrate in order to obtain a court order, or are attached to the statement of claim for the recovery of alimony.

Collection procedure

If an agreement on the payment of alimony has been concluded between the parents, and it is certified by a notary, then you can immediately contact the bailiff service with it. This agreement is already binding, and alimony can be collected under it. If the agreement has not been notarized, you will need to additionally contact a notary to comply with the entire procedure.

If the plaintiff knows for sure where the defendant lives and works, he will be able to go to the magistrate’s court and write an application to obtain a court order for alimony.

After considering this application, the magistrate will issue this order, in which he will determine the amount of alimony in accordance with family law.

With this court order, you can already go to the bailiff service, which will collect alimony from the debtor.

If the second parent does not agree to fulfill his obligation to pay alimony for the maintenance of the child and his mother, the first parent has no choice but to draw up a statement of claim and submit it to the magistrate’s court to resolve the existing dispute. We talk about how and where to properly apply for alimony here - https://divorceinfo.ru/2349-kuda-kak-podat-zayavlenie-na-alimenty-posle-razvoda-suprugov

Also, only by filing a statement of claim in court will it be possible to resolve the issue of assigning alimony in a fixed amount. And both for the child and for his mother. But in the second case, the judge will additionally need to submit papers confirming the costs of maintaining a child under three years of age and his mother and prove the need to assign a specific amount of alimony.

After considering the claim, the judge decides to issue a writ of execution. Based on it, bailiffs will be able to begin work on collecting funds from the alimony payer.

Mother is not entitled to child support

There are several cases when a spouse who does not want to pay alimony for the maintenance of the mother of his child will be able to avoid this obligation:

• the marriage lasted a short time (less than a year, etc.),
• unworthy behavior of the spouse in marriage, which served as a reason for divorce (infidelity, drunkenness, etc.),
• the spouse became incapacitated due to her own fault (committing a crime, getting injured while drunk, etc.),
• it will be proven that the spouse is hiding the real amount of her income in order to receive alimony.

Cancellation of alimony for the maintenance of a spouse (former spouse) can be achieved at any time by proving that her financial situation has changed and improved in comparison with the income of the payer. There are also some situations in view of which the amount of alimony can be reduced - more on that on the page.

Form of claim for the recovery of alimony for the maintenance of a former spouse

About alimony for the maintenance of a wife up to 3 years: how much, court practice

Both parents are responsible for the maintenance of their child, his proper upbringing and development. Often ex-husbands do not want to understand this and after a divorce they try to shift all obligations onto the shoulders of their wives.

Alimony for wife support: what does it mean?

The mother, in turn, is virtually disabled because she must spend all her time with her small child. Even if a child is enrolled in a nursery at the age of one and a half years, a woman cannot find a job for a long time - having a young child does not make her an attractive worker for an employer.

Plus, the child begins to get sick often, requires more and more attention and care, and the woman, after taking several sick days, may simply be fired. It turns out to be a vicious circle. Therefore, the law provides for the payment of alimony for the mother up to 3 years of age and for the child, which is carried out by the father.

A woman with a small child in her arms needs such help; the expenses for the baby are high and a single mother usually experiences great financial difficulties during this period. It is recommended to claim as much as is legally possible in your particular situation.

During the first 3 years after childbirth, a woman especially needs additional support.

Conditions for assigning child support

If the ex-spouses have not agreed on voluntary support for the child and his mother, then the payment must be recovered in court. This provision is spelled out in Article 81 of the Family Code of the Russian Federation.

The mother must determine the specific amount that she needs to support herself and the baby, but within the limits provided by law. The court will study all the circumstances of the case and compare the income of the parents. If this type of assistance is legal, it will be assigned.

The mother has the right to obtain child support for herself and the child in court

Payment of child support and for mother under 3 years of age is carried out in the following circumstances:

• the baby's father lives separately;
• does not participate in education;
• does not allocate enough funds for the needs of his former family.

It occurs both on a voluntary basis and in court - depending on the consent or denial of such a measure by the ex-husband. Contributions are made monthly and are calculated from the parent's total income.

Contents of the marriage contract

Conditions for assigning alimony to a wife

In order for a spouse to be ordered to pay alimony for up to 3 years, the family must be in one of the following situations:

• a woman is pregnant with a common child;
• a child born in marriage is aged from 0 to 3 years;
• the child was born within a period not exceeding 300 days after the divorce.

The amount of payments depends on many factors and can not only be increased, but also extended for a longer period. This is possible if:

• the wife lost her legal capacity during the marriage or within a year after its dissolution;
• the child has a first degree disability - in this case, the father is entitled to lifelong financial assistance;
• the child is a disabled person of the second or third group. The benefit is paid by the father until the offspring reaches the age of eighteen.

During the trial, all circumstances that directly or indirectly affect the situation are studied - everything that can affect the amount of alimony is taken into account. The mother needs to prepare and provide any evidence that a larger amount is needed.

The following evidence can be used for this:

• documents confirming the absence of permanent income and additional sources of income;
• any certificates notifying about a difficult financial situation;
• witness statements;
• medical statements, confirmation of diagnosis, prescriptions for medications if the child needs treatment.

Statement of claim for maintenance of the mother of a child under 3 years of age - sample

Note! The woman in the statement of claim indicates the exact amount that she considers appropriate to receive from her ex-husband. The court will take into account all the circumstances and set the amount of the monthly payment - in 2018 it is in the range of 5-10 thousand rubles.

If spouses have one child together, then by law 25 percent is withheld from the father’s income to pay child support. Two children receive 33%, three or more - 50%. The mother's demands will be taken into account by the court when making a final decision. An average amount will be chosen that will allow the baby to have the essentials and not need food or medicine.

Child support for one child is equal to a quarter of the father's income

If the mother works, then the responsibilities for child support are assigned to both of them and the amount is divided equally. That is, half of the amount needed to raise a child is deducted from the father’s income, the rest falls on the mother, who is also responsible for the maintenance of the children.

If the father has an unstable income, he does not work officially or his salary does not have a fixed amount, then the court will assign him a fixed amount of payment. When calculating it, they are guided by the size of the subsistence minimum or minimum wage, which are established in a specific region of Russia.

Adoption of a wife's child from her first marriage

Note! The husband is obliged to pay alimony for his wife for up to 3 years, regardless of whether she is former or present. The amount of these contributions will be determined by the court based on many factors and evidence provided by the mother of their common child.